Pandemic Journal (# 34): Grim Report Lightened by News of Vaccines   

One of the objectives of this Journal is recording what it is like to live during the COVID-19 pandemic. Here is another such report. [1]

Current Status of the Pandemic[2]

The cumulative confirmed pandemic statistics as of November 21-22: the world has 55.6 million cases and 1.36 million deaths; the U.S., 12.2 million cases (the most in the world) and 256,000 deaths; and Minnesota, 262,952 cases and 3,201 deaths.

Minnesota like many other states continues to set record numbers of cases and deaths. As of November 21, the month “is on track to become the state’s deadliest month of the pandemic with 744 fatalities [so far],” accounting for 20% of the state’s total Covid-19 deaths. ” “Colder weather, drier conditions and the movement of people indoors have fueled the spread of the virus” in Minnesota and other states in the Upper Midwest.

This surge has put an enormous strain on hospitals and health care workers. For example, in Minnesota last week 79% of  available ICU beds are filled, and in some parts of the state open ICU beds were down to single digits. “More worrisome are the growing infections among health care workers who then cannot care for patients.”  Many hospitals in the state also do not  have stable supplies of masks and personal protective equipment (PPE) and enacted conservation methods — such as bagging then reusing disposal N95 masks.

On November 18, Minnesota Governor Tim Walz issued a detailed 23-page executive order, effective at the end of November 20 for the next four weeks: continuing the requirement for face masks and social distancing; prohibiting (with certain exceptions) social gatherings of individuals who are not members of the same household; limiting social gatherings to individual households; shutting down bars, restaurants, entertainment venues (movie theaters, museums, bowling alleys and fitness clubs); and pausing amateur sports.

In response to the Governor’s order, the management of our condo building on November 20 announced that “effective at the end of [that day] . . .  all association fitness rooms, indoor pools, community rooms, club rooms, libraries and other similar facilities that are currently open will be closed unless otherwise directed by your Board of Directors.”

This new condo building regulation unfortunately has caused me to cancel a weekly gathering in our entertainment center with two or three other male residents over coffee at a table with distanced chairs. There is no set agenda and instead we just start a conversation that usually lasts 60 to 90 minutes. We thereby learn more about one another and become better friends.

More optimistically, two vaccines with 95% success rates have been announced by two ventures (Pfizer/BioNTech and Moderna), one of which last week was submitted to U.S. federal agencies for emergency approval and this coming week the other is expected to make a similar application. In addition, three other companies (AstraZeneca, Johnson & Johnson and Novaax) are developing other vaccines that are still being tested. Everyone is hoping that the first two of these vaccines will be quickly approved by the federal government agencies and initially distributed to the public in mid-December.

My wife and I continue to be healthy while spending most of our time in our condo, except for trips to buy groceries and other supplies and for walks on nicer days. Yesterday just before the closing of our fitness facilities I walked for one mile in 20 minutes on a treadmill and had exercises in our weight room.  Our Thanksgiving Day will be celebrated in the condo by ourselves.

U.S. Presidential Election [3]

On November 3 the U.S. conducted its presidential election with a total popular vote of 153,628,574, which was 65% of all eligible voters, the highest since 1908.

On November 7 the Associated Press reported that the Democratic ticket (Joe Biden and Kamala Harris) won the election with 79,836,131 and 308 electoral votes while the Republican ticket (Donald Trump and Mike Pence) had 73,792,443 popular votes and 232 electoral votes. Thus, the Democratic margin of victory was 6,043,688 popular votes and 76 electoral votes.

President Trump, however, has refused to accept the above results of the election and has issued many tweets claiming the election was rigged and fraudulent. At his direction, the Republican Party or Campaign Team has commenced many lawsuits challenging the popular election in various states, but all of them have been dismissed or withdrawn with many of the judges castigating the poor legal arguments and the lack of supporting evidence offered by the attorneys for the Republicans. In addition, Trump has been attempting, so far unsuccessfully, to get Republican-controlled agencies in various states to appoint Republican electors to the Electoral College despite their popular vote having been for the Biden-Harris ticket.

As a Biden/Harris voter and as a lawyer interested in the rule of law, I have been, and continue to be, absolutely horrified by Trump’s efforts to steal this election.

In addition, Trump has instructed the official in charge of arranging for the president-elect’s transition to the presidency to refuse the  traditional provision of office space for the president-elect and the transition team and for national security briefings.

There has been a lot of speculation as to Trump’s motivation for not accepting the results of the election and engaging in these efforts to change the result of the election. One is his perceived psychological inability to accept defeat. The other is his realization that he faces immense problems if he is no longer president. One is his personal guaranties of over $300 million of loan liabilities of his various corporations. The other is his potential criminal liability for financial crimes, election-law violations, obstruction of justice, public corruption and partisan coercion. [4]

In any event, the Electoral College, under the Constitution, meets on January 6, 2021 to count the electoral votes and on January 15, the new president is inaugurated.

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[1] See List of Posts to dwkcommentaries–Topical: Pandemic Journal.

[2} Our World in Data, Statistics and Research: Coronavirus Pandemic (COVID-19);Kumar, 40 more COVID-19 deaths, 7,219 new cases in Minnesota, StarTribune (Nov. 22, 2020); Snowbeck, November already sets record for COVID-19 deaths in Minnesota, StarTribune (Nov. 21, 2000); Howatt, November on track to be Minnesota’s deadliest month for COVID-19., StarTrib. (Nov. 20, 2020); Olson, ‘No beds anywhere’: Minnesota hospitals strained to limit by COVID-19, StarTribune (Nov. 22, 2020); Governor Walz, Emergency Order 20-99 (Nov. 18, 2020); Pfizer, BioNTech Ask FDA to Authorize Their Covid-19 Vaccine, W.S.J. (Nov. 20, 2020); Robbins & Mueller, AstraZeneca Releases Promising Data on Its Coronavirus Vaccine, N.Y. Times (Nov. 23, 2020).

[3] E.g., Riccardi, Biden approaches 80 million votes in historic victory, AP (Nov. 18, 2020); Trump’s legal team cried vote fraud, but courts found none, StarTribune (Nov. 22, 2020); National Archives, Electoral College Timeline of Events

[4] E.g., Choma, Trump Has a Half Billion in Loans Coming Due. They may Be His Biggest Conflict of Interest Yet, Mother Jones (July/August 2020); Mahler, Individual-1, N.Y. Times Magazine at 35 (Nov. 22, 2020); Jacobs, Trump’s post-presidency will be cluttered with potentially serious legal battles, Wash. Post (Nov. 22, 2020).

 

 

 

 

Court Denies Prosecution’s Motion for Temporary Protective Order in George Floyd Criminal Cases    

On October 15, as anticipated, the Media Coalition filed  its opposition to the Prosecution’s Motion for a Temporary Protective Order in the George Floyd Criminal Cases. Later that same day, the Court held a hearing on that motion.

Media Coalition’s Opposition[1]

The Media Coalition’s 12-page brief “respectfully requests that the Court, consistent with its obligations under the common law, its own rules of access, the First Amendment—and, indeed, consistent . . . with its own August 7 Order and August 11 Memorandum Opinion—immediately make the motion papers that Defendant Thomas K. Lane filed on October 12, 2020, including all video exhibits, available to the press and public and that it deny the State’s motion requesting their continued sealing. The Coalition further requests that the Court deny the State’s Motion for Order Temporarily Restricting Public Access to Motions and Exhibits.”

Hearing on the Motion[2]

At a 25-minute hearing, Judge Peter Cahill denied the Prosecution’s motion, but added he would not allow audio, video or photographs to be attached to future filings by the parties. He said the video of George Floyd’s 2019 arrest in Minneapolis “shows what basically everybody already knows: Floyd was arrested on a previous occasion.” Moreover, the Judge noted that this arrest video was potentially helpful to the prosecution and that previously he had banned evidence of Floyd’s involvement in an armed robbery in Texas before he had moved to Minneapolis.

Subsequent Developments [3]

Immediately after the hearing, Jonathan Mason, an activist with 10K Foundation, interrupted attorney Earl Gray’s interview by a reporter, to protest alleged behavior by Chauvin and to accuse the attorney of “protecting a killer.” (This Foundation’s website says, “We are helping communities preserve their freedom, justice and access to the American dream.”)

Later that same afternoon, a group of about eight protesters walked around the skyway level of the Government Center. Some were yelling, “[Expletive] Derek Chauvin.” One of them, Thomas W. Moseley, a 29-year-old from Blaine, yelled. “Kill Derek Chauvin,” and he was handcuffed, searched and taken away after deputies found a black handgun and several knives on him; he was charged with possession of a dangerous weapon, a felony.

Similar heated protests directed at the defendants and their attorneys (and damage of an attorney’s vehicle). occurred after the September 11th hearing. Thereafter these protestors’ actions were cited by one of the defendants as an additional reason (protecting the safety of the defendants and their attorneys) for transferring the case out of Hennepin County. [4]

These incidents provided additional grounds for defendants’ motions to change the venue of the cases—move them from Hennepin County District Court to another state court in a different county.

Therefore, this blog must reiterate that persons who are interested in justice for George Floyd and want the murder and manslaughter trial(s) to be held in Hennepin County, where the killing occurred, must change their tactics. Such protests merely provide evidence to the defendants’ motions to have the cases transferred to another county court in the state.

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[1] Important Prosecution’s Filings in George Floyd Criminal Cases dwkcommentaries.com (Oct. 14, 2020); Media Coalition’s Opposition to State’s Motion to Restrict Access to Defendant Lane’s October 12 Filings and State’s Motion for a “Temporary” Protective Order (Oct. 15, 2020).

[2] Olson, Judge denies prosecution’s request to seal all filings in Floyd case for at least 48 hours, StarTribune (Oct. 15, 2020).

[3] Olson, n.2; Xiong, Defense Attorney in George floyd case renews call to move ex-cops’ trial after armed protester’s arrest, StarTribune (Oct. 16, 2020).

[4] See these posts and comment to dwkcommentaries.com: Results of 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 12, 2020); Additional Developments in George Floyd Criminal Cases (Oct. 4, 2020); Comment: Woman Charged for Damaging Car of Defendant’s Lawyer in George Floyd Criminal Cases (Oct. 13, 2020).

U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021

On September 30, 2020, the U.S. State Department announced that President Trump will be submitting to Congress a report that he has determined that the U.S. will reduce its refugee admissions for Fiscal 2021 (October 1, 2020—September 30, 2021) to 15,000. [1]

It must be understood that the individuals who will be admitted to the U.S. under this quota already have been vetted and determined by a U.N. agency to have met the international and U.S. legal definition of “refugee:” someone who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”[2]

The State Department attempted to reduce the adverse humanitarian consequences of this reduction by claiming, “The United States is committed to achieving the best humanitarian outcomes while advancing our foreign policy interests.  Given the dire situation of nearly 80 million displaced people around the world, the mission of American diplomacy is more important than ever.”

Other points of this attempt to reduce the adverse consequences of this decision are the following:

  • “In line with the U.S. National Security Strategy, we are working to assist refugees and other displaced people as close to their homes as possible until they can safely and voluntarily return to rebuild their lives, their communities, and their countries.  As part of our longstanding leadership in international humanitarian crisis response, the United States provided more than $9 billion in humanitarian assistance in Fiscal Year 2019 and nearly $70 billion in humanitarian assistance over the past decade.”
  • “The President’s proposal for refugee resettlement in Fiscal Year 2021 reflects the Administration’s continuing commitment to prioritize the safety and well-being of Americans, especially in light of the ongoing COVID-19 pandemic.  It accounts for the massive backlog in asylum cases – now more than 1.1 million individuals – by prioritizing those who are already in the country seeking humanitarian protection.  It also accounts for the arrival of refugees whose resettlement in the United States was delayed due to the COVID-19 pandemic.”
  • “Refugee resettlement is only one aspect of U.S. humanitarian-based immigration efforts.  Since 1980, America has welcomed almost 3.8 million refugees and asylees, and our country hosts hundreds of thousands more people under other humanitarian immigration categories.  This year’s proposed refugee resettlement program continues that legacy with specific allocations for people who have suffered or fear persecution on the basis of religion; for Iraqis whose assistance to the United States has put them in danger; for refugees from El Salvador, Guatemala, and Honduras; and for refugees from Hong Kong, Cuba, and Venezuela.” (Emphasis added.)

The State Department continued, The President’s proposal for refugee resettlement in Fiscal Year 2021 reflects the Administration’s continuing commitment to prioritize the safety and well-being of Americans, especially in light of the ongoing COVID-19 pandemic.  It accounts for the massive backlog in asylum cases – now more than 1.1 million individuals – by prioritizing those who are already in the country seeking humanitarian protection.  It also accounts for the arrival of refugees whose resettlement in the United States was delayed due to the COVID-19 pandemic.” (Emphasis added.)

According to the State Department, the U.S. anticipates receiving 285,000 asylum requests in the upcoming fiscal year. Such applications must meet the previously mentioned international and U.S. definition of “refugee.” However, the Department’s statement admits the U.S. has a  “massive backlog in asylum cases – now more than 1.1 million individuals.”

After criticisms of this decision emerged from various groups that are discussed below, Secretary of State Michael Pompeo from Rome tried to defend this decision. He said, “We continue to be the single greatest contributor to the relief of humanitarian crisis all around the world, and we will continue to do so. Certainly so long as President Donald Trump is in office, I can promise you this administration is deeply committed to that.”

Reactions [3]

This establishment of a 15,000 quota for refugees is a 3,000 reduction from last year’s quota of 18,000, which was the lowest since the introduction of the U.S. refugee program in 1980. In contrast, in Fiscal 2017, the last full year of the Obama Administration, the quota was 85,000 while the Trump Administration’s first two years (Fiscal 2018 and 2019) set the quotas at 53,000 and 30,000.

This further reduction is seen as another point of President Trump’s “anti-immigrant themes in the closing month of his re-election campaign.” It was done as the President was “unleashing a xenophobic tirade against one of the nation’s most prominent refugees, Representative Ilhan Oma, on Wednesday night at a rally in her home state of Minnesota.”

According to a Washington Post columnist, Catherine Rampell, this presidential decision “in one fell swoop, . . .managed  to betray his country’s humanitarian interests, its national security interests, its economic interests and even his own narrow political interests to boot. . . . The only constituency helped by Trump’s latest cruelty are the bigots and knee-jerk nationalists crafting his policies. For the rest of us, it represents an incalculable loss.”

As anticipated, refugee advocacy groups condemned this decision.

  • Krish O’Mara Vignarajah, CEO of Lutheran Immigration and Refugee Services, called the 15,000 cap an “abdication” of the nation’s humanitarian leadership role in the world. “This absurdly low number is based on nothing more than xenophobic political pandering, and it’s no surprise that this all-time low comes during an election year. We have shown as we have resettled thousands of refugees that there’s no evidence any of these arrivals have endangered Americans. Refugees come to this country after the most extreme vetting procedures, including medical-health checks.”
  • The Immigrant Law Center of Minnesota’s Executive Director, Veena Iyer, said, “Slashing refugee numbers and refusing admission to desperate people whose lives are in danger, especially those whose lives are in danger because of their service to U.S. soldiers and peacekeepers, is appalling. Instead of leading the world in protecting the persecuted, the actions of this administration are an abdication of leadership.”
  • Oxfam America’s Isra Chaker said, “This inexcusable new admissions ceiling is a mere fraction of the number of refugees the United States can and should resettle in a year. During the final year of the previous administration, the U.S. safely and successfully resettled an average of 15,000 refugees every two months.”

The same reaction came from faith-based groups.

  • Scott Arbeiter, president of World Relief, a global Christian aid agency, said Trump has reneged on his promise to protect persecuted Christians in the world. “Instead, we’ve seen the resettlement of refugees from countries known for persecution drop about 90% in some cases over the last four years. This is unconscionable.”
  • Rev. John L. McCullough, head of the Church World Service, which helps resettle refugees in the United States, “described the shrinking of refugee admissions as immoral and urged Congress to . . . recommend changes or seek to influence the decision through budgeting, but is largely powerless to alter the determination. . . .Our values as a nation and as people of faith demand that we take action when people’s lives are in danger.”
  • “The Council on American-Islamic Relations, the nation’s largest Muslim civil rights organization, denounced the chipping away of the refugee program as part of “the ongoing Trump administration effort to maintain systemic anti-Black racism and white supremacy.”
  • Isaiah, a Minnesota faith coalition stated, “We know that we are better off together and that all of us, no matter where we come from or how we pray, want our communities to thrive and our voices to be heard. Overcoming tremendous challenges, Somali Minnesotans bravely moved to Minnesota with their families and have helped make this state vibrant.”

Finally this Trump decision is impeached by recent praises of refugees for their contributions to the economy and culture of 29 states by their governors (both Democrat and Republican).

For example, Minnesota’s Governor Tim Walz’s letter to Secretary Pompeo stated, ““Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

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[1] State Dep’t, Transmission of the President’s Report to Congress on the Proposed Refugee Admissions for Fiscal Year 2021 (Sept. 30, 2020). 

[2] Convention Relating to the Status of Refugees, Art. 1 (A)(2),189 U.N.T.S. 150, entered into force April 22, 1954; Protocol Relating to the Status of Refugees, Art. I(2), 606 U.N.T.S. 267, entered into force Oct. 4,, 1967; Refugee Act of 1980, 8 U.S.C. sec. 1101(a)(42), Refugee and Asylum Law: The Modern Era, dwkcommentaries.com (July 9, 2010).

[3] U.S. Sets 18,000 Quota for New Refugee Admissions to U.S., dwkcommentareis.com (Nov. 4, 2019); Kanno-Youngs & Shear, Trump Virtually Cuts Off Refugees as He Unleashes a Tirade on Immigrants, N.Y. Times (Oct. 1, 2020); Rampell, Trump’s refugee ceiling is bad for everyone except bigots, Wash. Post (Oct. 1, 2020);  Watson & Lee, Faith Groups decry Trump’s plans for record low refugee cap, Wash. Post (Oct. 1, 2020); Miroff, Trump cuts off refugee cap to lowest level ever, depicts them on campaign trail as a threat and burden, Wash. Post (Oct. 1, 2020);Smith, Trump administration again seeks to slash refugee numbers, StarTribune (Oct. 1, 2020); Rights groups appalled as Trump cuts US refugee admissions to record low, Guardian (Oct. 1, 2020); U.S. State Governments Celebrate Refugees’ Accomplishments, dwkcommentaries.com (Feb. 2, 2020). 

Pandemic Journal (# 29): Current Reflections on COVID-19 Pandemic

As of 8:48 CST on September 20, more than 6,790,500 people in the U.S. had been infected with the coronavirus (the most of any country in the world) and at least 199,500 have died. In Minnesota, there have been 88,773 cases and 5,133 deaths. For the world as a whole the numbers are 30,675,000 cases and 954,427 deaths.[1] These statistics cause one to have sympathy for all those who have or had the disease and all those who have died from it and for all their family members and friends.

I only know two people who have had the coronavirus. One is a nephew who is recovering at his home in another state. The other is Nachito Herrera, a friend and a  famous Cuban-American jazz pianist in Minnesota, whose ICU care with a ventilator was covered by Minnesota media and who recently played several pieces, including his arrangement of “America the Beautiful,” on a public television program. And on September 25 he is scheduled at the Minneapolis’ jazz club, the dakota, for a concert.  [2]

On March 19, 2020, our condo building management instituted new regulations in response to the coronavirus: residents were required to report to the office coronavirus symptoms; all common areas in the building were closed; new practices of cleaning and disinfecting the common areas were adopted; and residents were requested to minimize the number of contractors and visitors entering the building. Since then other measures have been adopted and some of the common areas were reopened with usage restrictions.

Thus, for roughly six months my wife and I have been spending most of our time in our own condo, walking and biking outside on nice days and going to grocery stores for our food supplies. More recently we have been going to doctors and dentists for necessary care, a barber and hair stylist for necessary services and restaurants for occasional meals outside on patios. For example, on an afternoon last week we walked on Nicollet Mall to Barrio Restaurant for delicious tacos at a table on the sidewalk. The Mall, which is Minneapolis’ main street (in normal times) for restaurants, bars, stores and office buildings, now has covered all ground-level windows and glass doors with plywood, most businesses are closed and most of the time very few people are walking around.

For these six months we have not traveled anywhere outside Minneapolis and nearby western suburbs except for two trips to a nearby town: one for our granddaughter’s high school  graduation party and the other for a walk with our son and his family. Thus, we have a great desire to see other places, and this week we plan to  drive to the North Shore of Minnesota for two nights to see the beautiful fall colors of the trees.

We are grateful that we and our family have not caught the virus and are healthy and hope that that will continue. We worry about our sons and their families here and in Ecuador and relatives in Nebraska and elsewhere and pray that they stay healthy.

Last Friday Ruth Bader Ginsburg, a U.S. Supreme Court Justice, died. For many years she has been an inspiring voice against gender and other discrimination. Last night I watched “RBG,” a moving documentary film about her by CNN Films. The film reminded me of what a wonderful human being she was and how we all will miss her.

Then we have to return to reading about the horrible words and actions of President Donald Trump, who immediately said that this week he will nominate a woman to replace Ginsburg on the Supreme Court, and U.S. Senator Mitch McConnell, the Majority Leader of that body, who has said he will lead the effort to have the Senate confirm the nomination as soon as possible and maybe even before the November 3rd presidential election. Many people, including me, fear that the nominee will be very conservative and a threat to undo many of the principles that Ruth Bader Ginsburg struggled for. I, therefore, sent some money to a group supporting Amy McGrath, who is McConnell’s opponent in this year’s election.

Another example of Trump’s insensitive and harmful remarks happened on his visit to Minnesota last Friday when he “extolled at length the battle prowess of” Confederate General Robert E. Lee to audiences that contained descendants of Minnesota men who were members of the Minnesota Volunteer Infantry Regiment that played a vital role for the Union, many of whom were killed in the Civil War.[3]

This morning I attended a very moving virtual worship service at Minneapolis’ Westminster Presbyterian Church. The Scripture for the day was Samuel 3: 1-10 and Luke 2: 41-52 as the foundation for the sermon “Learning to Listen/Listening to Learn” by Senior Pastor, Rev. Tim Hart-Andersen. [4]

A new moving voice in the service was Joe Davis, a poet and Artist in Residence at the church, who previously said, “ I am a poet because I struggle desperately to express my soul’s deepest longings each and everyday—yet I never shy away from the fight.” He “grew up in a non-denominational Pentecostal church in North Dakota, where his parents were active members. In college at Minot State, Joe began to go on spring break service trips with the campus ministry. The campus pastor, who happened to be Lutheran, encouraged Joe to become a peer minister. Her mentoring helped him grow in faith and as a leader, and the ELCA [Evangelical Lutheran Church in America] became an important part of his life.” Now he “feels ‘a little bit of both ‘Lutheran and Pentecostal’ while also being “a strong believer in ecumenicalism—the unity of Christians across denominational lines.”[5]

This worship service was previewed early last week at a ZOOM conversation about aging in the Covid pandemic. Rev. Hart-Andersen said that spirituality should be addressed holistically and intentionally by focusing on your heart (writing hand-written letters or emails to your family and friends); your soul (developing and following a discipline for praying); your mind (reading); your body (exercising); and your love (serving, praying, advocating, writing and volunteering). Afterwards I told Tim that the activities for the “mind” should be reading, reflecting, studying or researching, writing about these activities and then sharing the writing with others. This is what I strive to do on most subjects of posts to this blog.

On today’s beautiful sunny 70-degree afternoon in Minneapolis my wife and I went for an enjoyable walk up Kenwood Parkway from the Walker Art Center Garden to the north end of Kenwood Park and returning on Mt. Curve Avenue to the western side of the Walker to Kenwood Parkway.

Tomorrow morning I will be having coffee with three friends from our condo building in our entertainment center, a practice I started several weeks ago. We have enjoyable conversations and, I think, all of us welcome this opportunity to have social interaction in this age of social distancing.

Another item on my ongoing agenda is preparing for the October 12th meeting of my men’s book group from Westminster Church. I will be leading the upcoming meeting to discuss the novel, “The Last Trial,” by Scott Turow. Most of our meetings this year have been by ZOOM although last month five of us met in the outdoor patio of one of our members; the other five members could not make the meeting. Reading and discussing books with other men is another important way to have needed social interaction.

These are the thoughts of one day of a human being’s living through the pandemic in Minneapolis, Minnesota, USA. I am managing to stay healthy in mind and body despite worries about the coronavirus and the headaches caused by Trump and fears over his supporters somehow damaging or disrupting the November 3rd election.

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[1] Covid in the U.S.: Latest Map and Case Count, N.Y.Times (Sept. 20, 2020); World Health Organization, WHO Coronavirus Disease (COVID-19) Dashboard.

[2] Bream, Minnesota pianist Nachito Herrera on surviving COVID-19: ‘This it the worst thing I’ve had in 54 years of my life, StarTribune (Sept.5, 2020); Nachito Herrera Concert at Minneapolis’ Westminster Presbyterian Church, dwkcommentaries.com (Jan. 7, 2015); Minneapolis’ Westminster Presbyterian Church’s Connections with Cuba, dwkcommentaries.com (∆an. 13, 2015)

[3] Van Ooy & Smith, Trump’s praise of Robert E. Lee gets pushback from Minnesotans proud of state’s role at Gettysburg, StarTribune (Sept. 19, 2020).

[4] The video of this service is  available in the church’s Archive of services, and a future blog post will examine details of the service.

[5] Joe Davis Poet, joedavispoetry.com; Parent, Poet in Residence at Redeemer Lutheran Church, zionbuffalo.org (March 2014).

Developments in George Floyd Criminal Cases

As previously discussed, the September 11 hearing in the four George Floyd criminal cases had many arguments and disclosures by the parties and judge’s decisions. [1]  Here is a summary of filings in the cases since that hearing.

State’s Response to Chauvin Dismissal Motion [2]

On September 18 the State responded to Derek Chauvin’s motion to dismiss the criminal complaint for alleged lack of probable cause. The State’s 42-page brief had a detailed statement of facts regarding the May 25th police encounter with Mr. Floyd and discussion of the relevant law. Here is its summary of the State’s position:

  • “There is probable cause for each charged offense in the complaint. On May 25, 2020, Chauvin, Kueng, and Lane pinned Floyd to the ground face-down after he was suspected of using a counterfeit $20 bill to purchase a pack of cigarettes. Chauvin pressed his knee into Floyd’s neck and held Floyd’s handcuffed left hand behind his back. Kueng knelt on Floyd’s back and likewise pinned Floyd’s handcuffed arms behind his back. Lane restrained Floyd’s legs with his hands and knees. And Thao—who saw what the other officers were doing and heard Floyd’s cries for help—encouraged the others to continue pinning Floyd down, pushed back a group of concerned bystanders, and prevented them from intervening.”
  • “In the first five minutes Floyd was on the ground, he told the officers at least twenty times that he could not breathe. He told them nearly ten times that he was dying. And then he fell silent. He stopped moving. He stopped breathing. And the officers could not find a pulse. As Floyd lost consciousness, a crowd of bystanders pleaded with the officers. They told the officers they were killing Floyd. They screamed that Floyd had stopped moving. They alerted the officers that Floyd had stopped breathing. And they begged the officers to take Floyd’s pulse. Nonetheless, the officers continued to pin him to the ground—with Chauvin kneeling on Floyd’s neck, Kueng on Floyd’s back, Lane on Floyd’s legs, and Thao standing watch to prevent the bystanders on the sidewalk from approaching the other officers and Floyd.”
  • “All told, the officers held Floyd in that position for approximately nine minutes—about five times longer than the national anthem, and four times longer than President Lincoln’s Gettysburg Address. During that time, Chauvin continued to kneel on Floyd’s neck for about four minutes after Lane told the other officers that Floyd was “passing out,” and for two and a half minutes after Kueng said Floyd did not have a pulse. Indeed, he continued to press his knee into Floyd’s neck for a full minute after emergency medical personnel arrived on the scene, and even while emergency personnel tried to check Floyd’s pulse.”

“Probable cause is manifest. The facts here “would lead a person of ordinary care and prudence to hold an honest and strong suspicion” that Chauvin committed second-degree murder, third-degree murder, and second-degree manslaughter. State v. Ortiz, 626 N.W.2d 445, 449 (Minn. App. 2001). The evidence is more than sufficient to establish probable cause for each offense. This Court should therefore deny Chauvin’s motion to dismiss.”

State’s Motion for Reconsideration of  Disqualification of Hennepin County Attorneys [3]

On September 14, the State asserted that “there is no rule which requires the inclusion of a non-attorney witness when [an attorney is] speaking to an experienced and routine government witness, and ABA guidance specifically contemplates a prosecutor meeting with such a witness one-on-one, and undoubtedly four-on-one, without triggering ethical or practical concerns. . . . [T]he meeting [of] these four[HCAO] prosecutors was not any sort of “sloppy” act or unethical shortcutting. Rather, it was a reasoned decision made by conscientious public servants.”

Moreover, “the State does not plan for any of these attorneys to be a trial advocate in this case, and defense counsel has not actually identified a credible scenario under which any of them would be disqualified from serving as such, e.g. by becoming a “necessary witness” at trial, which is the defense’s burden. With that in mind, it is unwarranted to further restrict the State still more: by prohibiting the State from even consulting with these experienced prosecutors (and thus preventing Mr. Freeman and Mr. LeFevour from supervising these matters). Such a broad removal of Mr. Freeman, Mr. LeFevour, Ms. Sweasy, and Mr. Lofton unduly prejudices the State.” In addition, two of the four attorneys have “recused themselves from the case and have had no further involvement in the case.”

In addition to its citation of relevant rules and cases, the State submitted an affidavit of William J. Wernz, who is described by the Minnesota State Bar Association as the author of Minnesota Legal Ethics: A Treatise and as “one of the nation’s foremost authorities on legal ethics.”  After reviewing the relevant materials, Mr. Wernz stated under oath, “in my opinion the interviews of the Hennepin County Medical Examiner by the HCAO did not furnish any basis for conclusion that they violated Rule 3.7, nor that any of them who acted as advocate at trial would violate Rule 3.7 by so doing.”

State’s Additional Discovery Disclosures [4]

On September 16, the State disclosed that it had provided defense counsel with the body worn camera video of Mr. Floyd’s May 6, 2019 incident with the Minneapolis police. On the same date, the State disclosed its having provided other materials.

Kueng’s Request for Preemptory Challenges [5]

On September 15, Defendant J. Alexander Kueng requested that if the four cases are consolidated for trial, each of the defendants should be granted 10 preemptory challenges (but at least five such challenges) of potential jurors.

====================================

[1] See the following posts and comments in dwk commentaries: Agenda for the 9/11/20 Hearing in the George Floyd Criminal Cases (Sept. 2, 2020); Preview of 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 10, 2020); Comment: Rule 404 Evidence Motions: More Details  (Sept. 10, 2020); More Details on 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 11, 2020);Results of 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 12, 2020).

[2] Chauvin Moves To Dismiss Criminal Complaint, dwkcommentaries (Aug. 28, 2020); State’s Response Opposing Defendant’s Motion To Dismiss for Lack of Probable Cause, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.18, 2020); State’s Exhibits for Opposition to Chauvin’s Dismissal Motion ,State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.18, 2020).

[3] State’s Notice of Motion and Motion for Reconsideration of Order Prohibiting Participation of Michael O. Freeman and Others, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.14, 2020); Affidavit of William J. Wernz, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.14, 2020).

[4] Letter, Matthew Frank to Judge Cahill, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept.16, 2020); Supplemental Prosecution Disclosures Pursuant to Rule 9.01, Subd. 1, State v. Chauvin, Civil Case No. 27-CR-20-12646 (Sept. 16, 2020).

[5] Defendant’s Position on Peremptory Challenges, State v. Kueng, File No. 27-CR-20-12953 (Sept. 15, 2020).

 

 

 

 

Chauvin Moves To Dismiss Criminal Complaint 

On August 28, former Minneapolis police officer Derek Chauvin filed a motion to dismiss the criminal complaints against him.[1] Here is a summary of this motion.

Dismissal of Count I–Second Degree Unintentional Murder

 Count I of the Amended Complaint alleges Chauvin is guilty of Second Degree Unintentional Murder by reason of his allegedly committing a Third Degree Assault. But it does not even “allege that Mr. Chauvin possessed the intent to inflict bodily harm upon Mr. Floyd.” And “the State has offered no evidence to support the intent element of third-degree assault.” (Chauvin Memo at 9.)

Instead, the evidence shows that Floyd “was struggling in and around the squad [car] at a busy Minneapolis intersection. He was handcuffed and acting erratically. Continued struggle posed a risk of injury to Mr. Floyd and, potentially, to officers. The decision to use MRT allowed officers to restrain Mr. Floyd without injury until EMS arrived on scene. Mr. Chauvin, who arrived at the scene as officers were already struggling with Mr. Floyd, checked to ensure that EMS had been called.” (Id. at 9-10.)

“The Medical Examiner found no bruising on Mr. Floyd’s neck or on any neck muscles or any injury to neck structures. There was no bruising on Mr. Floyd’s back or evidence of blunt trauma to his back. If Mr. Chauvin had intended to inflict harm to Mr. Floyd’s back and neck with his knee, surely there would be evidence of bruising. But clearly, Mr. Chauvin was cautious about the amount of pressure he used to restrain Mr. Floyd—cautious enough to prevent bruising. Video evidence shows Mr. Chauvin was calm and professional throughout the application of MRT” or Maximal Restraint Technique that was a technique approved by the Minneapolis Police Department. (Id. at 10.)

Dismissal of Count II–Third-Degree, Depraved Mind Murder

“Count II of the Amended Complaint charges Mr. Chauvin with Third Degree Murder— Perpetrating Eminently Dangerous Act and Evincing Depraved Mind, in violation of Minn. Stat. § 609.195(a). Under Minnesota law, however, ‘[d]epraved mind murder cannot occur where the defendant’s actions were focused on a specific person.’ State v. Barnes, 713 N.W.2d 325, 331 (Minn. 2006) (citing State v. Wahlberg, 296 N.W.2d 408, 417 (Minn. 1980)).” (Id. at 11.)

“As the Minnesota Supreme Court has explained, ‘We have made clear that the statute covers only acts committed without special regard to the effect on any particular person or persons.’ State v. Zumberge, 888 N.W.2d 688, 698 (Minn. 2017). ‘[T]he act must be committed without a special design upon the particular person or persons with whose murder the accused is charged.’ Id. (appellant’s claims that he shot “toward” not “at” the decedent precludes a third degree murder instruction) (citation omitted). Third degree murder is reserved to cover cases where the act was ‘reckless or wanton,’ such as firing a gun into a bus or driving a vehicle into a crowd. Wahlberg, 296 N.W.2d at 417. That is simply not the case here.” (Id. at 11.)

Dismissal of Count III—Culpable Negligence Manslaughter

 This charge requires proof of the actor’s “objective gross negligence” and “subjective recklessness.” (Id. at 12.)

Under Minnesota cases, “objective gross negligence” is an act that was “a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.” Here, Chauvin as a police officer in an emergency situation under Minnesota case law had ‘significant independent judgment and discretion’ . . . ‘precisely because a more stringent standard could inhibit action.’ (Id. at 12-13.)

Chauvin’s attorney then argues,  “Such discretion often comes into play when an officer must gauge how much force to use in order to effect an arrest. The amount of force authorized is dependent on the subject being arrested, the circumstances of the arrest, and the ever-developing fact pattern of any arrest scenario.” (Id. at 13.)

Here, “Chauvin was acting within his duties to execute a legitimate legal process—assisting other officers with effecting their arrest of George Floyd,” who was actively resisting arrest when Chauvin arrived on the scene. Quoting Minnesota cases, in such cases, an ‘officer may use all necessary and lawful means to make the arrest’ and is authorized “to escalate their use of force, short of deadly force, as necessary.” Here, under MDP policy, the use of MRT was authorized because Floyd was ‘handcuffed, . . .combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained.” (Id. at 14-19.)

Moreover, the evidence shows Chauvin performed the MRT in accordance with MPD training materials and manuals and did not actually and consciously disregard the risks associated with MRT. And the Hennepin County Medical Examiner found no bruising on Floyd’s neck or muscles or neck structures or on his back. (Id. at 14-20.)

Dismissal of All Counts—Chauvin Did Not Cause Floyd’s Death

According to the relevant Minnesota statutes and cases, conviction for homicide requires that ‘the act of the defendant [was] the proximate cause of death of [the victim] without the intervention of an efficient independent force in which the defendant did not participate or which he could not reasonably have foreseen” or that “the defendant’s conduct was a ‘substantial causal factor’ in bringing about the victim’s death.” (Id. at 21.)

Chauvin’s attorney then asserts, “Mr. Chauvin was not the proximate cause of Mr. Floyd’s death, because an ‘independent force’ . . . in which Mr. Chauvin ‘did not participate’ and which ‘he could not reasonably have foreseen’ intervened: Fentanyl.” (Id.)

“It is clear from the evidence that Mr. Floyd was under the influence of narcotics when he encountered the officers and that he most likely died from an opioid overdose. . . . His body contained a lethal dose of fentanyl—[1ng/ml—as well as methamphetamine, at the time of his death.” Indeed, Chauvin quotes the Hennepin County Medical Examiner, Dr. Andrew Baker, telling the prosecutors on June 1, ‘If he were found dead at home alone & no other apparent causes, this could be acceptable to call an OD [overdose].’ [2] But Chauvin’s attorney does not quote the next note: “Baker. I am not saying this killed him.” (Emphasis added.)

Moreover, Chauvin’s attorney does not quote Dr. Baker’s actual autopsy report (5/26/20) that was titled “Cardiopulmonary Arrest complicating Law Enforcement Subdual, Restraint, and Neck Compression” or the County Medical Examiner’s Press Release (05/26/20) with the same statement for “Cause of Death” plus ‘How injury occurred: Decedent experienced a cardiopulmonary arrest while being restrained by law enforcement officer(s)’ and ‘Manner of death: Homicide.’[3]

Also not quoted by Chauvin’s attorney were the June 10 report by the Defense Health Agency concurring with the ‘autopsy findings and the cause of death certificate’ by the Hennepin County Medical Examiner. Or the findings of Dr. Michael Baden and Dr. Allecia Wilson, who were retained by the attorneys for the Floyd family, that found that Floyd ’died of traumatic asphyxia due to the compression of his neck and back during restraint by police’ and ‘Manner of Death’ was ‘homicide.’ State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020).[4]

Chauvin’s attorney admits in this brief that Floyd “told officers that he had suffered from COVID-19.” Moreover, Chauvin arrived at the scene with fellow ex-officer Thao, who testified during an interview by the Bureau of Criminal Apprehension (BCA) and FBI, that when he and Chauvin were driving to join Lane and Keung at the scene they were told on the phone that someone who had appeared to be intoxicated had passed a fake bill at Cup Foods and after arrival Thao had heard Floyd say he had had COVID-19 while he was in the back seat of a squad car before he went to the pavement outside the car and Thao had been worried that Floyd was on drugs.

Chauvin’s attorney boldly states that even though Lane and Keung may have observed signs of Floyd’s overdose and medical trauma, “none of this information was shared with Mr. Chauvin. Therefore, “Chauvin was unaware of the potential dangers of using MRT on Mr. Floyd.” (Chauvin Memo at 25-26 (emphasis in original).) This appears to be an unfounded overstatement of the record.

Conclusion

Given the recent filing of this Chauvin motion, as of noon on September 9, the State had not yet responded to this motion, but clearly it will oppose same before the court considers and rules on the four dismissal motions on the briefs and record.

================================

[1] Defendant’s Notice of Motions and Motions To Dismiss, State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020);  Memorandum of Law in Support of Defendant’s Motion To Dismiss, State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Defendant’s Exhibit List in Support of Motion To Dismiss for Lack of Probable Cause, State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Hennepin County Medical Examiner’s autopsy report (5/26/20) (Ex. 20),  State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Hennepin County Attorney’s Office memos of interviews of Dr. Andrew Baker (Hennepin County Medical Examiner) on 5/26/20, 5/27/20 & 5/31/20, (Ex.6), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Notes from Hennepin County Attorney’s [6/1/20] interview with Dr. Andrew Baker{Hennepin County Medical Examiner], (Ex.6), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Hennepin County Attorney’s Office summary of communications with Chief Tim Longo, University of Virginia Police Department (5/26/20-6/3/20) (Ex.6), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Defense Health Agency autopsy summary report (6/10/20) (Ex. 19), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020); Summary of autopsies of Floyd by Drs. Baden and Wilson on behalf of Floyd Family (7/2/20) (Ex.6), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020). See also Raice & Ailworth, George Floyd’s Death Likely Caused by Drug Overdose, Argue Derek Chauvin’s Lawyers, W.S.J. (Aug. 28, 2020); Bailey, In new filing, Derek Chauvin previews his defense, but also seeks dismissal of charges, Wash. Post (Aug. 29, 2020); Olson, Chauvin lawyer: Restraint didn’t kill Floyd, ill health and drug abuse did, StarTribune (Aug. 29, 2020).

[2] Chauvin Memo at 22; Hennepin County Attorney’s Office, Notes from Notes from [6/1/20] interview with Dr. Andrew Baker{Hennepin County Medical Examiner], (Ex.6), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020).

[3] Affidavit of Matthew Frank Exs. 4 & 5 (Aug 10, 2020), State v. Lane, Court file No. 27-CR-20-12951 (Hennepin County District Court Aug. 10, 2020).

[4] Summary of Dr. Michael Baden and Dr. Allecia Wilson’s findings (7/2/20), (Ex.6), State v. Chauvin, Court file No. 27-CR-20-12646 (Hennepin County District Court Aug. 28, 2020) (Exs. 6, 19)

 

Pandemic Journal (# 27): More Reflections on the Pandemic

The July 26 New York Times proclaims the statistics of the pandemic’s toll: [1]

  • For the world, there have been 16,034,200 cases in nearly every country with 644,925 deaths while the number of new cases is growing faster than ever with a daily average of more than 200,000.
  • The U.S. (including four territories), with at least 4,190,400 total cases has the most of any country in the world while recoding 146,314 deaths. “Case numbers are surging throughout most of the United States, including in many states that were among the first to reopen. Because the number of people hospitalized and the percentage of people testing positive also are rising in many of those places, the case spike cannot be solely explained by increased testing. Still, coronavirus deaths remain well below their peak levels. And as some places reimpose restrictions, others continue to reopen their economies.”
  • The State of Minnesota has had at least 50,331 cases and 1,611 deaths. “Over the past week, there have been an average of 689 cases per day, an increase of 22 percent from the average two weeks earlier.”

The pandemic has been having and continues to have a major negative impact on the world and U.S. economies. For the week ending July 25, the initial U.S. jobless claims rose to 1.4 million. This increase was the first in nearly four months, “a sign the jobs recovery could be faltering.” Now the $600/week jobless aid is nearing an end. Evictions loom for millions who cannot afford their rent while foreclosures loom for homeowners who cannot pay their mortgages. And the U.S. federal government recorded a budget deficit of $ 3 Trillion for the 12 months ending this June.[2]

These calamities have had a disproportionate impact on our African-American brothers and sisters. For example, in Minnesota 48% of Black workers have filed for unemployment compensation versus 22% of white workers. “One of the big reasons for the unemployment disparity in Minnesota is that Black Minnesotans are more likely to be employed at hotels, restaurants, retail, health and other service-related industries that have seen the most job losses because of stay-at-home orders and other pandemic-induced slowdowns.” In addition, “the pandemic also has disproportionately hurt American Indian, Latino and Asian American employment in the state. Women, younger workers and those with less education have also taken a bigger hit.”[3]

In the midst of these immense problems and challenges, President Trump continues to lie and demonstrate his incompetence. As a result, the rest of the world is shocked and dismayed.[4] I worry that Trump will attempt in some fashion to try to steal the election.[5]

Although I am retired with good health and financial savings and thus not personally affected (so far) by these woes, I worry about the impact of these crises on my sons and grandchildren. More generally I am worried about the negative impact of these crises on people and countries all over the world and the U.S. in particular that will linger for all their lives as I believe happened to those who lived through the Great Depression of the 1930’s.

“Investing in the Future” was the sermon today at Westminster Presbyterian Church by Associate Pastor Sarah Brouwer. It drew upon Jeremiah 19: 1-14, where the Prophet sends a letter to the Jewish people who have been taken into exile in Babylon after the Babylonians had destroyed the Temple in Jerusalem. God tells the exiles, “Build houses and live in them; plant gardens and eat what they produce. Take wives and have sons and daughters; take wives for your sons, and give your daughters in marriage, that they may bear sons and daughters; multiply there, and do not decrease. But seek the welfare of the city where I have sent you into exile, and pray to the Lord on its behalf, for in its welfare you will find your welfare.”

This passage of Jeremiah continues. “Only when Babylon’s seventy years are completed will [the Lord] visit you, and I will fulfill to you my promise and bring you back to [Jerusalem]. For surely I know the plans I have for you, says the Lord, plans for your welfare and not for harm, to give you a future with hope. Then when you call upon me and come and pray to me, I will hear you. When you search for me, you will find me; if you seek me with all your heart, I will let you find me, says the Lord, and I will restore your fortunes and gather you from all the nations and all the places where I have driven you, says the Lord., and I will bring you back to the place from which I sent you [Jerusalem] into exile.”

According to Rev. Brouwer, this passage reminds us today to shed our expertise and judgment, relearn old ways and accept marginal status in the current pandemic in order later to flourish.

================================

[1] Coronavirus Map: Tracking the Global Outbreak, N.Y.Times (July 26, 2020, 9.21 a.m. EDT); Coronavirus in the U.S.: Latest Map and Case Count, N.Y.Times (July 26,2020, 9.21 a.m. EDT); Minnesota Coronavirus Map and Case Count, N.Y.Times (July 26,2020, 9:21 a.m. EDT); Hyatt, Minnesota COVID-19 cases up by 871; 3 more deaths reported, StarTribune (July 26, 2020). See also List of Posts to dwkcommentaries–Topical: Pandemic Journal.

[2] Davidson, Coronavirus Spending Pushes U.S. Budget Deficit to $ 3 Trillion for 12 Months Through June, W.S.J. (July 13, 2020); Kiernan, Evictions Loom for Millions Who Can’t Afford Rent, W.S.J. (July 16, 2020); Chaney & Mackrael, Jobs Recovery Shows Signs of Slowing as Coronavirus Surges, W.S.J. (July 17, 2020);Benoit, What Banks Tell Us About Business: Everybody Is Struggling, W.S.J. (July 18, 2020); Morath & Chen, As $600-a-week Jobless Aid Nears End, Congress Faces a Quandary, W.S.J. (July 19, 2020).

[3] Kumar, Half of Black workers in Minnesota have lost work during pandemic, StarTribune (July 18, 2020).

[4] E.g., Achenbach, Wan, Brulliard & Janes, The crisis that shocked the world: America’s response to the coronavirus, Wash. Post (July 19, 2020).

[5] E..g., Sonmez, Trump declines to say whether he will accept November election results, Wash. Post (July 19, 2020). See also, Election Officials’ Dread About This Year’s U.S. Election, dwkcommentaries.com (July 11, 2020).

 

 

What Happened to George Floyd in Minneapolis on May 25, 2020

By now, everyone in the U.S. and the rest of the world knows or could know that on the evening of May 25 in Minneapolis, Minnesota (at 38th Street and Chicago Avenue) George Floyd, a 46-year-old African American man, was killed by a Minneapolis policeman (Derek Chauvin) in the presence of three other Minneapolis policemen (Alexander Keung, J. Alexander Lane and Tou Thao).[1] Here is what is believed to be a fair summary of those horrendous 17 minutes of police encounters with Floyd and certain preceding events that evening:

  • That evening Floyd buys a package of cigarettes at a convenience store (Cup Foods) and pays for it with a $20 bill.
  • After Floyd left the store, a store employee inspects the $20 bill and believes it is forged. Two store employees then go outside and see Floyd in the driver’s seat of a dark blue Mercedes SUV across 38th Street .     
  • The two store employees go to the SUV and one of them from the driver’s side and the other from the passenger’s side of the SUV ask for the return of the package of cigarettes of a man in the passenger seat and Floyd in the driver’s seat. The request is denied.
  • The two employees return to the store and presumably one of them or another employee dials 911 to report a customer who had paid for cigarettes with an alleged forged $20 bill. They apparently also said that the African-American man appeared to be drunk and was now in a SUV across the street from the store.
  • At 8:08 p.m. two MPD officers (Lane and Keung) arrive at the scene and a store employee directs them to an African-American man (Floyd) in the driver’s seat of the Mercedes SUV across 38th Street.  This starts the approximate 17 minutes of police encounters with Floyd before he is removed on a gurney by medics in an ambulance.
  • Lane arrives at the driver’s side of this SUV and with his revolver drawn tells the African-American man (Floyd) to put his hands on the steering wheel. Floyd immediately does so without resistance and Lane puts the revolver back in his holster.
  • Lane then pulls Floyd out of the car, and he and Keung handcuff  Floyd’s hands behind his back and take him across the sidewalk and seat him on the sidewalk with his back to the brick wall, all without any resistance by Floyd.
  • At 8:14 p.m. Lane and Keurig had Floyd get up from the sidewalk and walk across 38th Street to their squad car and tried to get him into the back seat. Floyd said he was not resisting, but could not get into back seat because he is claustrophobic. But officers get him into the back seat.
  • At 8:19 p.m. Officers Chauvin and Thao arrive at the scene in a different squad car. Chauvin pulled Floyd out of the back seat of the first squad car with Floyd, still handcuffed, who falls to the pavement. Clausen then puts his left knee on the neck of the fallen Floyd while Kueng held Floyd’s back and Lane one of his legs.
  • At some time Lane asked Chauvin if they should roll Floyd on his side, but Chauvin says “no” and the officers do not change what they are doing.
  • At 8:24 p.m. Floyd stopped moving.
  • At 8:25 p.m. Floyd appeared to stop breathing and Lane asked again if they should move Floyd onto his side, but Chauvin again refused to do so.
  • At 8:27 p.m. Chauvin moved his leg off Floyd’s neck or 8 minutes and 46 seconds after he had placed his knee on the neck and 2 minutes and 53 seconds after Floyd had become non-responsive. The latter happened when an ambulance and emergency medics arrived and placed Floyd on a gurney to go the Hennepin County Medical Center..
  • At 9:25 p.m. Floyd was pronounced dead at the Medical Center after an hour of unsuccessful attempts to revive him.

Subsequent posts will examine the criminal charges brought against Chauvin and then against the other three policemen, their initial court appearances, initial comments by Hennepin County Attorney Mike Freenman, subsequent comments by Minnesota Attorney General Keith Ellison and the commencement of efforts to change and reform various aspects of Minnesota and federal criminal law and procedure.

==============================

[1] E.g., Hill, Tiefenthaler, Triebert, Jordan, Willis & Stein, 8 Minutes and 46 Seconds: How George Floyd Was Killed in Police Custody, N.Y. Times (May 31, 2020);  Hennesy & LeBlanc, 8:46: A number becomes a potent symbol of police brutality, Star Tribune (June 4, 2020); Xiong, A timeline of events leading to George Floyd’s death as outlined in charging documents, StarTribune (June 4, 2020).

Court: Trump’s Illegal Consent Procedure for Refugee Resettlement

As discussed in a prior post, on September 28, 2019, President Trump issued an executive order requiring written consents by states and local governments for the federal government’s resettlement of refugees, and other posts have discussed the issuance to date of such consents by at least 40 states.[1]

On January 15, however, the U.S. District Court for the District of Maryland preliminarily ruled that this executive order was invalid and ordered that its enforcement be temporarily halted.[2]

The Court’s Opinion

The court’s opinion on this issue occurred in a civil lawsuit for preliminary and final injunctive relief against this executive order that was brought by three nonprofit refugee resettlement agencies—HIJAS, Inc., Church World Service, Inc. and Lutheran Immigration and Refugee Service [3]—and in the court’s justification for its granting their motion for a preliminary injunction barring enforcement of this executive order while the case proceeds to final judgment.

The court concluded that the well-established principles for preliminary injunction had been established: (1) “the plaintiffs are likely to succeed on the merits;” (2) “they will suffer irreparable harm that is neither remote nor speculative, but actual and imminent if the injunction is not granted;” (3) “the balance of equities favor their position;” and (4) “the relief they seek is in the public interest.” (Memorandum Opinion at 16.) The key issues for the current legitimate public attention to this case are the court’s opinion on the merits and the public interest.

After a careful analysis, the court concluded that the executive order’s “grant of veto power [to state and local governments] over the resettlement of refugees within their borders ”is arbitrary and capricious . . . as well as inherently susceptible to hidden bias” and is “unlawful” based upon “statutory text and structure, purpose, legislative purpose, judicial holdings, executive practice, the existence of a serious constitutional concern over federal preemption, and numerous arbitrary and capricious administrative deficiencies.” (Memorandum Opinion at 17-27.)

The court also concluded that a preliminary injunction against the President’s executive order was in the public interest by “keeping ‘the President from slipping the boundaries of statutory policy and acting based on irrelevant policy preferences,’. . . having governmental agencies abide by federal laws that govern their existence and operations, . . . [and preventing] States and Local Governments [from having] the power to veto where refugees may be resettled –in the face of clear statutory text and structure, purpose, Congressional intent, executive practice, judicial holdings, and Constitutional doctrine to the contrary.” (Memorandum Opinion at 30-31.)

Conclusion

The Federal Government has a right to appeal this decision to the U.S. Court of Appeals for the Fourth Circuit, but has not expressed any intent to do so. In the meantime, officials in the U.S. State Department, state and local governments, the resettlement agencies and refugees themselves are confused about what to do next.

This case arbitrarily was assigned by the District Court’s Clerk to Senior District Judge Peter J. Messitte, who on August 6, 1993, was nominated by President Bill Clinton and on October 18, 1993, confirmed by the U.S. Senate; on September 1, 2008, he assumed senior status. Judge Messitte is a graduate the University of Chicago Law School, where he was a classmate of this blogger. His undergraduate degree is from Amherst College.[4]

===================================

[1] See Latest U.S. Struggle Over Refugees, dwkcommentaries.com (Dec. 11, 2019);   posts to dwkcommentaries.com. relating to refugee resettlement.

[2] Memorandum Opinion, HIJAS, Inc. v. Trump, Civil No. PJM 19-3346 (D. Md. Jan. 15, 2020); Order, Hias, Inc. v. Trump, Civil No. PJM 19-3346 (D. Md. Jan. 15, 2020); Marimow & Sacchetti, Federal judge temporarily halts Trump administration policy allowing local governments to block refugees, Wash. Post (Jan. 15, 2020); Assoc. Press, Judge Halts Trump’s Order Allowing States to Block Refugees, N.Y. Times (Jan. 15, 2020).

[3] The three plaintiff resettlement agencies are members of nine designated “’Resettlement Agencies’ that enter into annual agreements with the Federal Government to provide services to these refugees under the current [U.S.] resettlement program.” (Memorandum Opinion at 1.) The plaintiffs were supported by amici briefs from 12 states, including Minnesota; from the U.S. Conference of Mayors along with 11 mayors and cities, including Minneapolis; and various faith-based organizations with hundreds of affiliates throughout the U.S.  (Id. at 2 (n.2).)

The amici brief for the states asserted the following arguments: (I) The Executive Order Violates the Refugee Act and Interferes with the States’ Sovereign Interests;” (II) “The Refugee Resettlement Consent Process Harms the States’ Refugee Communities;” (III) “The Refugee Resettlement Consent Process Burdens the Staters’ Resources;” (A) Amici States Have Created Highly Effective Refugee Resettlement Systems;” (B) “The Executive Order’s Consent Process Burdens State Refugee Resettlement Programs.” (Brief of the States of California, et al. As Amici Curiae in Support of Plaintiffs’ Motion for Preliminary Injunction, Hias, Inc. v. Trump, Civil No. PJM 19-3346 (D. Md. Dec. 13, 2019).)

[4] Peter Jo Messitte, Wikipedia; U.S. Dist. Ct., Dist, Md, Peter J. Messitte.

 

Minnesota Counties’ Actions on Refugee Resettlement 

Of Minnesota’s 87 counties, 23 already have issued consents to future refugee resettlements while another 8 have indicated they will be considering the issue in the near future and only one has refused to so consent. There is little word from the other 56 counties in the state although there is no legal requirement for them to take a position on the issue since not voting is deemed to be a negative vote and although the state’s refugee resettlement agencies has not been soliciting those counties that have had little prior experience with such resettlements.

Here is a review of the 31 that so far have indicated some position on the issue of refugee resettlement.[1]

Counties Saying “Yes”

Blue Earth County. [2] On December 17 the board of south-central Blue Earth County (population 64,000 with its county seat in Mankato, population 39,300, and home of Minnesota State University Mankato) joined the consenting list. It did so unanimously with almost no discussion. One of the commissioners afterward said, “We’ve always accepted refugees. This is nothing new.”

Brown County.[3] In late December, County commissioners unanimously voted to consent to resettlement. Its virtually all white population of 25,890 live immediately west of  the just mentioned Blue Earth County and the later mentioned Nicollet County. Its county seat is New Ulm.

Clay County.[4] On December 17, County commissioners unanimously voted to resettlement. With a population of nearly 59,000 people, it abuts North Dakota with a county seat in Moorhead (population 38,000) and is home for four institutions of higher learning.

Cook County.[4a] On January 14, the County Board unanimously voted to accept more refugees. Its Chair, Myron Bursheim, said, “I see this as a symbolic thing. My intention is to be welcoming.”

Commissioner Dave Mills said he’d never received more email feedback on an issue in the North Shore county, all in support. “I see the issue from a practical and principled standpoint. I don’t think it’s going to directly affect our finances or operation. Out of principle, this is what our community values.” Commissioner Virginia Storlie added, “We would do the best we can with folks who need help.”

Cook is the northeastern tip of the state, colloquially called “the Arrowhead,” pointing at Canada on the beautiful North Shore of Lake Superior. Its population is 5,393 (White 85.0%; African American 1.0%; Native American 8.5%; Asian 0.9%; Latino 2.5%; other 2.1%),  and the county seat is charming Grand Marais.

Dakota County.[5]   An approval of consent on January 7 came from the board of  Dakota County, which has a population of 425,423  (77.7% white; 7.0% African-American; Latino 7.4%; Asian 5.2%; Native American 0.6%; and other 2.1%) in the south-eastern corner of the Twin Cities metro area with its county seat in Hastings.

Goodhue County.[6] On January 7, the Goodhue County Committee of the Whole, by a vote of 3-2, approved consenting to refugee resettlement. Although there was no time for public comment, there were many attendees, causing the meeting to be moved to the larger space of the courtroom. On the western banks of the Mississippi River, it has a population of 46,304 (White 91.8%; Latino 3.5%; Native American 1.5%, African-American 1.4%; Asian 0.7%; other 1.1% with its county seat in Red Wing.

Hennepin County.[7] On January 7, Hennepin with the city of Minneapolis is the state’s most populous county at 1.252 million (White 68.6%; African-American 13.6%; Asian 7.5%; Latino 7.0%; Native American 1.1%; Other 2.2%)in the central part of the state, by action of its County Board, approved consenting. Here are highlights of the “Whereas” paragraphs of its consent letter:

  • “Minnesota’s reputation for a strong economy and commitment to the social safety net has resulted in successful refugee resettlement since the 1800s.”
  • “Minnesota’s robust network of non-governmental resettlement agencies works with the federal government to resettle refugees, including resettlement in Hennepin County.”
  • “1,345 refugees have been resettled in Hennepin County over the last five years.”
  • “The breadth of countries and regions of origin resettling in Minnesota continues to expand and includes Afghanistan, Bhutan, Burma, Democratic Republic of Congo, Eastern Europe, El Salvador, Eritrea, Ethiopia, Iran, Iraq, Laos, Russia, Somalia, Tanzania, and Vietnam.”
  • “The success of refugee resettlement in Hennepin County has helped affirm the county’s status as an urban center of international importance.”

Kandiyohi County. As noted in a prior post, on December 3, 2019, Kandiyohi County in western Minnesota was the first to consider this issue when it voted, 3-2 to consent to refugee resettlement.

Mower County.[8] In early January, the County commissioners unanimously voted to authorize consent. In the southeastern part of the state bordering Iowa, its county seat is Austin, famous as the headquarters for Hormel Foods. Its population is 40,011.

Murray County.[9] On January 7, the county commissioners authorized consent. Located in the southwest corner of the state with its county seat in Slayton, it has a population of 8,725 (93.8% white, 3.6% Latino. 1.1% Asian and 1.5% other.

Nicollet County.[10] This county is just north of the previously mentioned Blue Earth County and on the same date (December 17), also consented with a County Board vote of 4-1. One of the affirmative votes came from Commissioner Terry Morrow, who  said all refugees that arrive are thoroughly vetted by the federal government, confirming they are fleeing war, genocide or severe poverty while Commissioner Jack Kolars called refugees “‘new Americans,’ who follow in the footsteps of past groups of refugees and immigrants who often faced discrimination and persecution when they arrived and went on to be productive citizens. And he said current newcomers are working in the area in large dairy farms, shingling roofs and in food-processing plants. ‘In many cases they’re doing work others won’t do.’”

Nicollet County has a population of 34,200 (92.3% white; 3.7% African-American; 0.5% Native Americans and 3.5% other), and its county seat of St. Peter is the former capital of the state and the home of Gustavus Adolphus College.

Nobles County.[11] On January 7, the county commissioners authorized consent. Located in the southwest corner of the state and bordering Iowa and South Dakota, this county has a population of 21,900 (white 58.2%, Latino, 28.4%, Asian, 7.1%, , Other 0.1%)/African-American, 5.4%. Its county seat is Worthington, which recently has received a lot of attention due to its unusual ethnic diversity, as discussed on this blog.

Olmsted County.[12] On December 6, the County’s Administrative Committee unanimously approved a consent to resettlement. The County Board chair, Jim Bier said, “It’s stuff we are doing already.” A county official stated 30 new refugees already had been settled in the county in 2019 while an official for Catholic Charities of Southern Minnesota said that in 2018, 26 individual refugees came to Olmsted County from other countries. The county in the southeastern part of the state has a population of 144,200 (white, 85.6%; Asian, 5.4%; African-American, 4.8%’ and Latino, 4.2%. Its county seat is Rochester, which is famous for the Mayo Clinic.

Otter Tail County.[13] On December 16, the Commissioners voted to consent to resettlement. It is located in the west central part of the state on the continental divide with a population of 58,300 (white 97.1%; Latino, 1.7%; and other 1.2%; the county seat is Fergus Falls.

Pipestone County.[14] On January 7, this county joined others in consenting to resettlement. The county seat has the same name and the county’s population is 9,600 (white 96.7%; African-American 1.5%; Latino 0.7%; Native American 0.5%; other 0.6%. It borders South Dakota in the southwestern part of Minnesota.

Pope County.[15] On January 7, the County’s Board of Commissioners unanimously approved to consenting to resettle refugees. “While all board members agreed that they would be surprised if they were asked to host refugees, all of them were more than willing to approve an affirmative letter saying the county would accept refugees. ‘We should be ready to help,’ said Commissioner Larry Lindor.” After the item passed, Chair Gordy Wagner told his fellow board members, “I am proud of you all. Thank you.”

Located in the west-central part of the state with Glenwood as its county seat, Pope County’s population is 11,097 (White 95.9%; African-American 0.5%; Native American 0.4%; Asian 0.6%; Latino 1.5%; Other 1.1%).

Ramsey County.[15a] On January 14, the County’s Board unanimously approved consenting to refugee resettlement. The Board Chair, Toni Carter, said, “We recognize that refugees and foreign-born residents are an important part of Ramsey County. It’s important we honor and respect all who are among us.” Similar words came from Commissioner Trista MatasCastillo: “For me this is a celebration of our good work and the good work of our refugee communities. We have all benefited from having refugees in our community.” Another Commissioner, Victoria Reinhardt, said that, aside from Native Americans, nearly all Americans can trace their roots to immigration. “I am glad this country welcomed my German and Irish ancestors. That is what makes this place rich.”

The county, which includes the state’s capitol in St. Paul, accepted 4,215 refugees from 2015 to 2019. In the past year, the county accepted 71% of all refugees who initially settled in Minnesota. Moreover, avout 16% of its overall population of 508,639 is foreign-born.The composition of itsl population is White 61.4%; African American 12.6%; Native American 1.0%; Asian 15.3%; Latino 7.6%; Other 2.1%..

Rice County.[16] In early January, the County’s commissioners voted to authorize consent. Located in the southeastern part of the state with a county seat in Faribault, it has a population of 66,523 (White 89.0%; African-American 5.4%; Asian 2.1%; Native American 0.4%; Other 5.1%).

Sherburne County.[17] In December, the Commissioners for this County voted to issue consent. Located only – miles northwest of Minneapolis in the central part of the state, it has a population of 96,036  (white 90.9%; African-American 2.9%; Latino 2.9%; Asian 1.3%; Native American 0.6%; other 1.4%). The county seat is Elk River.

Steele County.[18] A consent letter was authorized by the County Board. Located in the southeastern part of the state, just south of Rice County, its county seat is Owatonna. Its population is 36,887 (White 90.9%; African-American 2.9%; Latino 2.7%; Asian 1.3%; Native American 0.6%; Other 1.6%.

Washington County. [18a] On January 14, the County’s Board unanimously approved consenting to resettlement at its meeting in the county seat of Stillwater. This county sits on the west bank of the St. Croix River across from the State of Wisconsin and east of Ramsey County and the City of St. Paul. Its population is 236,114 (White 82.2%; African American 4.9%; Native American 0.5%; Asian 6.2%; Latino 4.3%; other 1.9%).

Watonwan County.[19] On January 7, the County Board, apparently unanimously, approved a letter of consent to refugee resettlement. This county is located in the south central part of the state and south of the previously mentioned Brown County and west of Blue Earth County, and its county seat is St. James.  Its population is 10,980 (White 71.0%; African-American 1.3%; Native American 1.3%; Asian 1.2%; Latino 25.2%).

Future Consideration by Other Counties

 Lyon County.[20] On January 7, the Lyon County Board, after discussion, voted to postpone the vote on the merits.

Stearns County.[21] On January 7, the Board of Stearns County,  with its county seat of St. Cloud, 66 miles northwest of Minneapolis. But their vote was to postpone consideration of the merits.

Commissioner Steve Notch said he still had too many unanswered questions and wanted to hear from the public and other experts. He lamented equating humanitarian concerns with economic ones. Commissioner Joe Perske, on the other hand, said it was “imperative” that the county decide the issue immediately. “The question I hear today is, are we a welcoming community or not?”

It should also be noted that St. Cloud, the county seat and largest city in the country, over the last several years has had major controversies over the large number of Somali refugees and immigrants who have resettled there.

St. Louis County.[22] Also voting to postpone consideration of the merits on January 7 was the Board of St. Louis County, population 200,200 (white, 94.9%; Native American 2.0%; Black, 0.9%; and Other, 2.2%) in the northeastern part of the state with its county seat in Duluth (population 85,900 on the southwest tip of Lake Superior).

After a heated debate for 1.5 hours with a standing-room only crowd, the county board voted, 4-3, to postpone a vote on the merits until May 26.

The majority commissioners on that vote represented people on the Iron Range and more rural areas who said they wanted more time to consider the implications of allowing such resettlement while the minority represented Duluth and other cities in the county. The minority on that vote included religious and social justice leaders, local Northland politicians, former sponsors of refugees, and one Northland refugee whose family was from Serbia and who had lived his early life in an Austrian refugee camp.

Another commissioner representing the city of Hibbing (population 16,400) said refugees were still welcome in the county. “We closed no doors.”

Five Other Counties.[23] Becker, Dodge, Ramsey, Scott and Winona counties are expected to consider the resettlement issue in the near future.

County Saying “No”

Beltrami County.[24] So far this is the only county to reject such resettlements. It occurred on January 7, when the County Board In the north-central part of the state voted 3-2 to refuse to provide its consent. This county has a population of 44,442 (2010 census), 76.9 % of whom are white, 20.4% Native American, 0.4% black and 2.3% other. Its county seat is Bemidji (population 12,431).

One of the speakers favoring consent was a member of the Red Lake Nation, who said, “If you’re not a Native American from this area, we all have origin stories. I think most of the people here today are re-settlers. It just seems un-American to me to say that “You’re not welcome.” [25]

This vote was largely symbolic: This county has not resettled refugees for years and is not being targeted by refugee agencies for resettlement anytime soon. In addition, its low population and far northern location make it an unlikely destination. In any event, its rejection of resettlement received national news attention and may have motivated some of the previously mentioned 19 counties to say “Yes.”

Subsequently, a Bemidji business owner/operator and the daughter of World War II refugees, Monika Schneider, lamented the bad publicity the county has received. She said, “We should be so lucky to have a few young, energetic [refugee] families choosing to rebuild their futures in our tundra-adjacent paradise.” She concluded, “Bemidji is loaded with beautiful, loving, open-minded people of all backgrounds. I relocated here from a big city and there is no place I’d rather be. We who live, work and raise our families here are kind, generous, creative, hardworking, dedicated and resourceful people, committed to supporting our community in many lovely ways. We all value our sense of place and our great outdoors. Our downtown is vibrant and growing. We’re eager to offer our expertise for your enjoyment. As this story evolves, the entrepreneurs of Bemidji are here at work, ready to welcome and serve you, whoever you are.” [26]

 

 

 

Conclusion

 Although there is no requirement for any county to consider this issue, we will wait to see whether any of the other 59 counties in Minnesota take any action in this regard.

A broader analysis of this situation was provided in a Washington Post article.[27]

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[1] The most comprehensive analysis of the positions on this issue of the Minnesota counties are by Greta Kaul: As Minnesota counties vote on accepting refugees, here are the counties where refugees have actually moved in the last decade, MINNPOST (Jan. 9, 2020) and by Ferguson, Minnesota County votes ‘No’ to refugees as more than a dozen others say ‘Welcome,’ Brainerd Dispatch (Jan. 8, 2020)   Thanks to these journalists for their contributions. Population data (July 1, 2018 estimates) for the counties is available on the U.S. Census Bureau’s “Quick Facts” website; any corrections to the ethnic percentages would be greatly appreciated.

[2] Krohn, Blue Earth, Nicollet counties vote to continue accepting refugees, Mankato Free Press (Dec.17, 2019).

[3] Ferguson, Minnesota County votes ‘No’ to refugees as more than a dozen others say ‘Welcome,’ Brainerd Dispatch (Jan. 8, 2020).

[4] See n.3.

[4a] Slater, Cook County opens door with refugee consent, Duluth News Tribune (Jan. 14, 2020); Slater, North Shore county gives unanimous consent to future refugee resettlement, TwinCities Pioneer Press (Jan. 14, 2020).

[5] See n.3.

[6] Fergus, Goodhue County approves refugee resettlement, RiverTowns.net (Jan. 7, 2020);

[7] Hennepin County Board Minutes (Jan.7, 2020); Hennepin County, Letter of Consent for Refugee Resettlement (Jan. 7, 2020).

[8] See n.3.

[9] See n.3..

[10] See n.3.

[11] See n.3.

[12] Petersen, Olmsted County will remain open to refugees, Post Bulletin (Dec. 7, 2019)

[13] See n.3.

[14] See n.3.

[15] Rapp, County to accept refugees if asked, Pope County Tribune (Jan. 13, 2019)

[15a] Vezner, Ramsey County votes to accept more refugees. It already accepts most in MN, TwinCities Pioneer Press (Jan. 14, 2020).

[16] See n.3.

[17] See n.3.

[18] See n.3.

[18a] Washington County votes to continue accepting refugees, RiverTowns.net (Jan. 14, 2020).

[19]  Anaya, Watonwan County provides consent to federal government for refugee resettlement, St. James Plaindealer (Jan. 10, 2010); Watonwan County Board, Agenda (Jan. 7, 2019).

[20]  See n.3.

[21] Rao, Minnesota counties continue to weigh refugee resettlement, StarTribune (Jan. 7, 2020); Rao & Galioto, Minnesota county votes against allowing refugee resettlement, StarTribune (Jan. 7, 2020).

[22] See n. 21; Slater, St. Louis County delays refugee resettlement vote to May, Duluth Tribune (Jan. 7, 2020).

[23] See n.3.

[24] Liedke, UPDATED: Beltrami County votes no to accepting refugees, Bemidji Pioneer (Jan. 7, 2020); Assoc. Press, Northern Minnesota County Bans Refugee Resettlement, N.Y. Times (Jan. 7, 2020); What people are saying about Beltrami County’s vote to refuse refugees, StarTribune (Jan. 8, 2020); Rao, Minnesota’s Beltrami County votes against allowing refugee resettlement, StarTribune (Jan. 8. 2020); Kelly, What people are saying about Beltrami County’s vote to refuse refugees, StarTribune (Jan. 8, 2020); Some residents say refugees would just make Beltrami County’s struggles worse, StarTribune (Jan. 11, 2020).

[25] Apparently Appomattox County in Virginia also has voted against such resettlement. See Rao, Minnesota’s Beltrami County votes against allowing refugee resettlement, StarTribune (Jan. 8. 2020).

[26] Schneider, Reflections from a Beltrami County businessperson, StarTribune (Jan. 15, 2020).

[27] Sacchetti & Morrison, North Dakota county accepted refugees, but the debate is far from over, Wash. Post (Jan. 8, 2020).