State of Minnesota – dwkcommentaries

Derek Chauvin Files Petition for U.S. Supreme Court Review of His State Court Conviction for Murder and Manslaughter of George Floyd

As previously noted, on July 18, 2023, the Minnesota Supreme Court in a one-page order denied Derek Chauvin’s petition for review of the Minnesota Court of Appeals ‘ 50-page decision affirming his state court conviction, after a jury trial, for second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 2020 death of George Floyd.[1]

On October 18, 2023, counsel for Derek Chauvin filed his petition for U.S. Supreme Court review of his state court conviction for murder of George Floyd.[2] The 38-page petition presented the following questions:

“Whether catastrophic-widespread community harm and threat of harm is a presumed community bias and must be considered as a singular inquiry as an extreme case creating circumstances so inherently prejudicial that jury bias must also be presumed because jurors have a vested interest in the outcome of the case, thereby narrowing a trial court’s discretion and mandating a change of venue, without voir dire, to ensure a constitutionally fair trial under the Sixth Amendment.”
“Whether when evidence of juror prejudice and voir dire misconduct found after trial indicates a juror stereotyped, prejudged, or carried an undisclosed animus against the criminal defendant, the Sixth Amendment requires the trial court to consider that evidence and any resulting denial of the right to trial by an impartial jury. “

The response by the State of Minnesota is due November 20, 2023.

Conclusion

The details of this cert petition and the State’s response will be summarized in future posts.

In the meantime, the Chauvin appeal and arguments in the state case and now his cert. petition seem a waste of effort and money for all concerned in light of Chauvin’s guilty plea in the federal case over the killing of Mr. Floyd when 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.”

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[1] Derek Chauvin Will Ask U.S. Supreme Court To Review His State Court Conviction for Murder and Manslaughter of George Floyd, dwkcommentaries.com (July 21, 2023).

[2] Petition for Writ of Certiorari, Chauvin v. State of Minnesota, U.S. Sup. Ct. # 23-416 (Oct. 16, 2023).

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

Are Anti-Trumpers “the Bad Guys”?

This is the question posed in a recent David Brooks column in the New York Times.[1]

He starts out with the admission (or confession) that he is an anti-Trumper who believes that members of this group are “the good guys, the forces of progress and enlightenment” while the “Trumpers are reactionary bigots and authoritarians” who see Trump as “the embodiment of their resentments.”

At least for purposes of argument, however, Brooks considers whether the anti-Trumpers are the bad guys by creating the “modern meritocracy” system.

Such a system started in the 1960s “when high school grads had to go off to fight in Vietnam but the children of the educated class got college deferments. It continues in the 1970s, when the authorities imposed busing on working-class areas in Boston but not on the upscale communities like Wellesley where . . . [the educated class] lived.”

The latter is “the modern meritocracy. We built an entire social order that sorts and excludes people on the basis of the quality that we possess most: academic achievement. Highly educated parents go to elite schools, marry each other, work at high-paying jobs and pour enormous resources into our children, who get into the same elite schools, marry each other and pass their exclusive class privileges down from generation to generation.”

“Everybody else is forced into a world down there. . . . Today middle-class children lose out to the rich children at school, and middle-class adults lose out to elite graduates at work. Meritocracy blocks the middle class from opportunity. Then . . . [the modern aristocracy] blames those who lose a competition for income and status that even when everyone plays by the rules, only the rich can win.”

“Armed with all kinds of economic, cultural and political power, we [members of the modern aristocracy] support policies that help ourselves. Free trade makes the products we buy cheaper, and our jobs are unlikely to be moved to China. Open immigration makes our service staff cheaper, but new, less-educated immigrants aren’t likely to put downward pressure on our wages.”

“We [the members of the modern aristocracy] also change the moral norms in ways that suit ourselves, never mind the cost to others. For example, there used to be a norm that discouraged people from having children outside marriage, but that got washed away during our period of cultural dominance, as we eroded norms that seemed judgmental or that might inhibit individual freedom.”

“After this social norm was eroded, . . . [m]embers of our class still overwhelmingly married and had children within wedlock. People without our resources, unsupported by social norms, were less able to do that.”

As Adrian Wooldridge points out in his magisterial 2021 book, “The Aristocracy of Talent, ‘Sixty percent of births to women with only a high school certificate occur out of wedlock, compared with only 10 percent to women with a university degree.” That matters, he continues, because ‘the rate of single parenting is the most significant predictor of social immobility in the country.’”

Brooks believes that most of our class [the modern aristocracy] are “earnest, kind and public-spirited. But we take for granted and benefit from systems that have become oppressive. Elite institutions have become so politically progressive in part because the people in them want to feel good about themselves as they take part in systems that exclude and reject [others].”

“It’s easy to understand why people in less-educated classes would conclude that they are under economic, political, cultural and moral assault — and why they’ve rallied around Trump as their best warrior against the educated class. Brooks understands that it’s not the entrepreneurs who seem most threatening to workers; it’s the professional class. Trump understood that there was great demand for a leader who would stick his thumb in our eyes on a daily basis and reject the whole epistemic regime that we rode in on.”

“If distrustful populism is your basic worldview, the Trump indictments seem like just another skirmish in the class war between the professionals and the workers, another assault by a bunch of coastal lawyers who want to take down the man who most aggressively stands up to them. Of course, the indictments don’t cause Trump supporters to abandon him. They cause them to become more fiercely loyal. That’s the polling story of the last six months.”

“Are Trump supporters right that the indictments are just a political witch hunt? Of course not. As a card-carrying member of my class, Brooks says, I still basically trust the legal system and the neutral arbiters of justice. Trump is a monster in the way we’ve all been saying for years and deserves to go to prison.”

Therefore, for sociologist Digby Baltzell and David Brooks, “the real question is: When will we stop behaving in ways that make Trumpism inevitable?”

Reactions

In this column, Brooks does not provide an answer to his “real question.” Maybe there will be a future column in which he does so.

This blogger, however, believes at least part of the “real answer” for the State of Minnesota and many other states lies in the declining and aging population of rural parts of the State and the resulting negative impacts on their economies and visions of the future.[2] This problem suggests the need for more immigration to help solve the need for more labor with immigrant visas requiring the recipients to live and work in the areas with declining population.

Another part of the answer for this State and others, therefore, this blogger believes, is developing a system to promote and maintain intimate social contacts between people in the two parts of the states and thereby developing better understanding of the two sectors and programs for addressing the needs of the people in the rural parts of the states. Such a system requires everyone to exercise mutual forbearance toward each other[3] and to recognize our failings (sins) and request forgiveness from God and those whom we have wronged.[4]

Readers are invited to provide comments to this post with other ideas for answering the “real question” posed by Brooks.

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[1] Brooks, What if We’re the Bad Guys Here?, N.Y. Times (Aug. 2, 2023).

[2] See, e.g., these posts in dwkcommentaries.com: Another Defining Challenge of the 21^st Century (Jan. 28, 2023);Skepticism About Douthat’s Defining Challenge of the 21^st Century (Jan. 30, 2023); COMMENT: Developments in Africa and Italy Accentuate Douthat’s Concerns (Jan. 31, 2023); Iowa State Government Encouraging Refugee and Migrant Resettlement Feb. 1, 2023); COMMENT: National Worker Shortages in U.S. (Feb. 3, 2023); Migrant Workers Being Paid Premium Wages in U.S. Tight Labor Market (Feb. 8, 2023); More Details on U.S. and Other Countries’ Worker Shortages (Feb. 9, 2023);Your Longevity Is Important for Many Reasons (Feb. 12, 2023); Other States Join Iowa in Encouraging Immigration To Combat Aging, Declining Populations (Feb. 22, 2023); COMMENT: More Support for Immigrants’ Importance for U.S. Economy (Feb. 23, 2023); U.S. High-Tech Layoffs Threaten Immigrants with Temporary Visas (Feb. 25, 2023); U.S. Needs To Ameliorate Brutal Jobs Endangering Immigrant Workers (Feb. 26, 2023); COMMENT: Layoffs in Overall U.S. Economy Are Rare (Feb. 27, 2023); COMMENT: Many Undocumented Immigrants Leaving U.S. (March 1, 2023); Protections for U.S. Child Labor Need Improvement (APRIL 22, 2023; Wall Street Journal Editorial: U.S. Needs More Immigrants (July 25, 2023); COMMENT: Americans in Their Prime Are Flooding Into the Job Market (July 26, 2023:COMMENT: Dire Shortages of Workers in U.S. Public Sector (July 27, 2023).

[3] E.g., Minneapolis’ Westminster Presbyterian Church: Presbyterian Principles: It is our duty to exercise mutual forbearance toward each other, dwkcommentaries.com (May 19, 2023).

[4] E.g., The Prayer Jesus Taught: “And forgive us for our debts as we forgive our debtors,” dwkcommentaaries.com (May 9, 2023).

A Contemporary Perspective on the U.S.-Dakota War of 1862

This blog previously explored various aspects of the 1862 U.S.-Dakota War that was fought in the State of Minnesota.[1]

Sarah Wakefield’s Contemporaneous Discussion of the War[2]

A contemporary perspective on that war was offered 160 years ago by Sarah Wakefield, a 32-year old white wife of a medical doctor assigned to the Upper Sioux Agency at the time of the war and who along with her four-year old son and 20-month-old daughter were held captives by the Dakota for the war’s six-weeks duration.

After the war ended, she testified on behalf of the Dakota people in criminal proceedings and thought her testimony had saved a Dakota farmer named Chaska who had been especially helpful to her and the children. Subsequently she learned that this Indian named Chaska had been hanged on December 26, 1862, apparently mistaken for another Indian with the same name.

A year later in 1863 Wakefield published a book about this experience, “”Six Weeks in the Sioux Tepees.” There she insisted her captors had treated her and the children well. They had saved her from sexual assault and had placed them in hiding during the war’s most dangerous moments. The Indians also had provided her with a blanket when she was cold.

Her book also criticized Col. Henry Sibley’s delays in rescuing the captives as well as the U.S. inhumane policies that had prompted a militant faction of the starving Dakota to wage war. Wakefield’s words brought on a lot of criticism of her from U.S. soldiers and officials. But Wakefield said, “My object was to excite sympathy for the Indians and in so doing, the soldiers lost all respect for me, and abused me shamefully, but I’d rather have my own conscience than that of these persons who turned against their protectors, those that were so kind to them in that great time of peril.”

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[1] See these posts to dwkcommentaries: The U.S.-Dakota War of 1862 (Nov.3, 2012); White Settler’s Contemporaneous Reaction to the U.S.-Dakota War of 1862 (Nov. 6, 2012); Commemoration of the 150^th Anniversary of the U.S.-Dakota War of 1862 (Nov. 9, 2012); The U.S.-Dakota War Remembered by Minneapolis’ Westminster Presbyterian Church (Part I) (Nov. 18, 2012); The U.S.-Dakota War Remembered by Minneapolis’ Westminster Presbyterian Church (Part II) (Nov. 25, 2012); The U.S.-Dakota War Remembered by Minneapolis’ Westminster Presbyterian Church (Part III) (Nov. 29, 2012); Personal Reflections on the U.S.-Dakota War of 1862 (Dec. 10, 2012); Commemoration of the 150^th Anniversary of the Hanging of the “Dakota 38” (Dec.26, 2012); Minneapolis and St. Paul Declare U.S.-Dakota War of 1862 “Genocide” (Jan. 12, 2013); President Abraham Lincoln’s Involvement in the U.S.-Dakota War of 1862 (May 21, 2013); U.S. Military Commission Trials of Dakota Indians After the U.S.-Dakota War of 1862 (June 11, 2013); President Abraham Lincoln’s Involvement in the Military Commission’s Convictions and Sentences of the Dakota Indians (June 24, 2013).

[2] Brown, Sarah Wakefield’s 160-year-old account still illuminates our understanding of the U.S.-Dakota War, StarTribune (Feb. 11, 2023).

Presidential Historian Jon Meacham’s Remarks About Walter Mondale at His Memorial Service

At the May 1^st Memorial Service for former Vice President Walter Mondale, Presidential Historian Jon Meacham delivered the following remarks.[1]

“The story begins the year before he was even old enough to vote. It was a late July afternoon in 1948, and Fritz Mondale, then all of 20, had been put in charge of the Second Congressional District for Hubert Humphrey’s U.S. Senate campaign. No one knew what second prize was. The annual Martin County Farm Bureau Federation picnic at Fox Lake Park needed a speaker, and Mr. Mondale arranged for Humphrey to headline the event.”

“The political climate was charged and complicated in that American summer. There was anxiety at home, communist aggression abroad, as a Democratic president sought to govern a fractious party and a divided country. As Mark Twain once said, history may not repeat itself, but it does rhyme. Seen as too liberal by the right and too conservative by the left, Harry Truman would say he didn’t give Republicans hell; he just told them the truth and they thought it was hell.”

“In his own party President Truman faced opposition over his desegregation of the military and his push for civil rights. Only weeks before the Martin County picnic, Mayor Humphrey’s civil rights speech at the Democratic convention in Philadelphia had helped send Dixiecrats, segregationist Dixiecrats, out of the hall and back into the Old Confederacy.”

“But far from the Olympian drama of Philadelphia, in Martin County, after the 4-H club band had played, Humphrey took the stage. He was passionate and funny. He said, ‘Kick the rascals out, and vote the new rascals in.’ Afterward Humphrey thanked his young ally, telling Mr. Mondale: ‘Your work is needed. We have so much to do.’”

“Mr. Mondale was over the moon. ‘After that day,’ he recalled, ‘I think I never stopped.’”

“’I think I never stopped.’ And we live in a better, nobler, more perfect Union because Walter Frederick Mondale never stopped.”

“Now, for the politicians in the room — and there might be one or two of you who snuck through customs — an election result: In 1948, Humphrey carried Mondale’s territory, the very Republican Second District, by 8,500 votes. It was Mr. Mondale’s first victory, and it was a sweet one, second only perhaps to his seven dates-in-six-months courtship of Joan Adams.”

“The son of a Methodist minister and farmer, as a child Walter Mondale absorbed a gospel that he never stopped seeking to put into practice: That we are summoned to love our neighbors as ourselves, to lift up the most vulnerable among us — to feed the hungry, to clothe the naked, to strengthen the weak.”

“There’s nothing more important — nothing more American — than that: To enlist in the perennial battle to make real the founding ideal of this nation, that we are in fact created equal.”

“Now, we can, and we will, and we do disagree about the means of governance. But at our best, Americans have agreed on the end of our common project: To give everyone, in Lincoln’s phrase, ‘an open field and a fair chance.’”

“Walter Mondale devoted his life to that cause. He never stopped seeking a fuller, freer, fairer America. And his years in the arena are testament to a truth of human experience: That the polls and the passions of the moment are just that — of the moment. Headlines come and go; history endures. The tumult of politics rage; true service stands long after the furies of the moment have passed.”

“Walter Mondale understood something fundamental: That we are at our best not when we build walls, but when we build bridges; not when we point fingers, but when we lend a hand; not when we fear, but when we hope. And from age to age, history honors those who put ‘We the People’ above the will to power; the rule of law above the reign of party; and difficult truths above self-serving fictions.”

“Now, the Mondales were a stoic people. His father, Theodore, fought a stutter, struggled to farm, went to seminary, and raised a son, Fritz, who knew hardship but lived in hope.”

“It was a hope that drove him all his life. He was born a year before the stock market crash. His childhood was shaped by the Great Depression. He believed in hard work — he liked to say that he was the only pea-lice inspector to ever become Vice President of the United States. I didn’t check it, but I think he’s on safe ground. Some might have preferred it. He served in the U.S. Army, went to law school on the GI Bill, and always gave back to the country that had made his life possible.”

“Now, he was often caricatured, as you all know, as a big-government liberal. But he’s better understood as a Cold War liberal — a man devoted, at home and abroad, to freedom and to fairness.”

“Freedom and fairness: Bear those words in mind. For they are the words that shaped Walter Mondale’s consequential life — and Lord knows they are the words that must guide us still.”

“In the struggle between democracy and dictatorship in the 20th century, Fritz Mondale cast his lot with neither the utopians of the left nor the reactionaries of the right. He stood, instead, for the centrality of the individual, for the sanctity of liberty, and for the pursuit of possibility against the totalitarian impulse.”

“As attorney general of Minnesota he was instrumental in the Gideon case that gave indigent defendants the right to counsel. He brokered the deal that would end segregation forever in the Democratic Party, long the bastion of Jim Crow.”

“And then, he came to the Senate. In the mid-1960s, in the seat that Hubert Humphrey had won the year of that Farm Bureau picnic, Sen. Mondale sensed a vital intersection of forces. To him, as he put it, it was ‘as if we took the intellectual heritage of Franklin Roosevelt, the moral inspiration of John Kennedy, and a decade of pent-up demand for social change and converted them into social reality.’ As a senator he was a crucial voice for the Voting Rights Act of 1965. He led the battle for fair housing in 1968, mastering the Senate in that essential hour.”

“And he never stopped. His causes included Title IX to open opportunities for women. Head Start and elementary and secondary education. Filibuster reform. Nutrition and antipoverty programs. Workers’ rights. Environmental protections. Consumer protections. Early attention to the crisis of climate change. The domestic side of the Church Committee, which revealed the FBI’s wiretapping and harassment of Martin Luther King Jr. The transformation of the vice-presidency in the Carter years. A challenge to apartheid that ignited the chain of events that led to the release of Nelson Mandela. And the nomination of a woman, Geraldine Ferraro, to run with him on a national ticket.”

“Walter Mondale was a giant of the Senate, a formidable vice president, and a truth-telling presidential nominee of his party who never stopped standing by principle.”

“To be sure, it was not always the smoothest of rides. Fritz Mondale knew the vicissitudes of politics as well as any American ever has. When he explored a run for president in 1976, he recalled that ‘after a year I was running six points behind ‘I Don’t Know’ … and I wanted to challenge him to a debate.’ Mr. Mondale would tell the story of Sam Donaldson’s asking Ronald Reagan in 1984, ‘What do you want for Christmas?’ And Reagan: ‘Minnesota.’ When Mondale went to ask George McGovern when did it stop hurting to lose the presidency, Sen. McGovern said, ‘I don’t know. I’ll tell you when it happens.’”

“Walter Mondale loved his family. He loved fishing, Shakespeare, Dairy Queen, the United States Senate, Hubert Humphrey, cigars and the state of Minnesota.”

“And most of all he loved America — its complexities and its hopes, its promise and its possibilities. He thought of himself as a public servant, as a citizen with an obligation to the common good. To him, government was not the enemy, or the problem, but rather a manifestation of love of neighbor and of country.”

“On the night of his defeat in 1984 he spoke not only to the moment, as painful as it was, but to history, saying: ‘Let us continue to seek an America that is just and fair. That has been my fight … I’m confident that history will judge us honorably.’”

“And so it has.”

“One of Mr. Mondale’s favorite verses of scripture tells us much. ‘I have fought the good fight,’ St. Paul said; ‘I have finished the race, I have kept the faith.’” [2 Timothy 4:7]

The first part of that chapter of Second Timothy is quoted less often, but is worth remembering. ‘Preach the word,’ the apostle wrote; ‘be prepared in season and out of season.’” [2 Timothy 4: 1-2]

“In season and out of season — justice knows no season. Truth knows no season. Freedom knows no season. Fairness knows no season. Walter Mondale knew that. He lived by that. And today we salute him for that.”

“There are children in America today who will not go hungry because of Fritz Mondale. There are Black people in America today who can vote, and work, and live more freely and fairly because of Fritz Mondale. There are women in America today who see no limit to their dreams because of Fritz Mondale. There are safer cars in America, there are rivers of clean water in America, there are enclaves of untouched wildlife in America today because of Fritz Mondale.”

“He never stopped believing in this country. He never stopped fighting for its people. And thankfully, he never stopped defending democracy.”

“He never stopped. And nor, in his memory, must we.”

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[1] Read presidential historian Jon Mecham’s remarks at Walter Mondale’s memorial service, StarTribune (May 2, 2022). Professor Meacham is the Carolyn T. and Robert M. Rogers Chair in American Presidency at Vanderbilt University.

U.S. Resettlement of Refugees and Recent Afghan Evacuees

The U.S. currently is engaged in resettling in this country refugees from around the world under previously established international refugee resettlement processes as well as recent Afghan evacuees under newly modified processes for Afghans.

Here is a summary of the legal requirements and administrative procedures for these important developments.

U.S. Resettlement of Refugees

International Legal Protection of Refuges[1]

In 1951 an international conference of diplomats adopted an international treaty to protect refugees (Convention Relating to the Status of Refugees).

This treaty went into effect or force in April 1954 after its ratification by six states. However, the U.S. did not directly ratify this treaty, but did so indirectly in 1968 when under the leadership of President Lyndon Johnson the U.S. ratified a treaty amendment (Protocol Relating to the Status of Refugees).

The U.S., however, did not adopt implementing legislation until 1980, when President Jimmy Carter led the adoption of the U.S. Refugee Act of 1980, which included the treaty’s following definition of “refugee” (with U.S. express addition for “past” persecution):

“ (A)ny person who is outside any country of such person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of [past] persecution or a well-founded fear of [future] persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.. . . ”

As of January 20, 2020, there were 146 parties to the Convention and 147 to the Protocol.

International Resettlement of Refugees[2]

After international cooperation on resettlement of specific groups of refugees, 1956-1995, the United Nations High Commissioner for Refugees (UNHCR) in 1995 organized the Annual Tripartite Consultations on Resettlement for the UNHCR, nation states and civil society. By the end of 2019, these consultations had established a global resettlement policy and procedures to attempt to provide locations for such resettlement that can provide the services that refugees need. These procedures have resulted in resettlement of over 1 million refugees: 90 percent of whom came from Myanmar, Syrian Arab Republic, Iraq, Democratic Republic of Congo and Somalia and were resettled in the U.S., Canada, Australia, Sweden and the United Kingdom.

At the end of 2019, the UNHCR estimated there were 26 million refugees in the world, about one half of whom are under the age of 18. This group is part of the 79.5 million forcibly displaced people in the world (the other 53.5 million are forcibly displaced within their own countries and thus not entitled to refugee status).

U.S. Resettlement of Refugees[3]

The U.S. has participated in this international resettlement program under the overall direction of the Departments of State and Homeland Security.

Under U.S. law the U.S. President establishes annual quotas for such resettlements. The largest such quota was 200,000 in 1980 when President Carter led the U.S. adoption of the Refugee Act of 1980. In 1999 under President Clinton the quota was 132,631, and in 2016 under President Obama it was 84,994.

For Fiscal 2019 President Trump reduced the number of refugees for resettlement in U.S. to 15,000 and required cities and counties to file written affirmative consents for such resettlements with the State Department, but a federal court held that requirement was illegal. Nevertheless, many states, including Minnesota, granted such consents along with statements about the many contributions by refugees to their states.

President Biden initially said he would maintain the 15,000 quota set by Trump for this fiscal year, but after strong objections by influential Senators and others, the White House on May 3, 2021, stated the it was revising the quota to 62,500 for this fiscal year although it was unlikely that it would meet that number by that year’s end on 9/30/21. President Biden also said that he intends to increase the quota for the next fiscal year to 125,000.

Refugee Resettlement in Minnesota [4]

From 2005 through 2019 the State of Minnesota had resettled 33,189 refugees. The largest numbers came from Somalia (13,674), Burma (8,604), Ethiopia (2,194), Laos (2,042), Iraq (1,290), Bhutan (1,188) and Liberia (1,171).

For Fiscal 2021 (ending 9/30/21), Minnesota had a resettlement goal of 500, but as of 5/12/21 had received only 30. They came from the Democratic Republic of Congo, Ethiopia, Somalia, Ukraine and Republic of Moldova (Eastern European county and former part of USSR). Because of COVID-19, the goal of 500 probably will not be met.

For Fiscal 2022 (before the evacuation of Afghans), Minnesota expected to have a resettlement goal of 1,900 given President Biden’s stated intent to increase the national total to 125,000.

Such resettlements are coordinated by refugee resettlement agencies in the State: Minnesota Council of Churches (Refugee Services), International Institute of Minnesota, Lutheran Social Services of Minnesota, Catholic Charities of Southern Minnesota and Arrive Ministries.

Minneapolis’ Westminster Presbyterian Church, where this blogger is a member, is launching its Refugee Co-Sponsorship Team of six to twelve individuals under the leadership of three “champions” with guidance of the Minnesota Council of Churches and anticipates receiving its first refugee family this October.

Our Team’s commitment is for four to six months starting with setting up an apartment selected by the Council with furnishings that it and our Team provides; welcoming the family on their arrival at the Minneapolis-St. Paul Airport and transporting them to their apartment; helping the family’s orientation to their new neighborhood, city and services; transporting them to various meetings and shopping; assisting school registration for any children and adult ESL enrollment; providing information about various public services and obligations; and helping them find employment. In short, being friends to our new residents. The co-sponsorship ends with a closing ceremony, transitioning the relationship to mutual friendship, rather than a continued helping relationship. [5]

U.S. Resettlement of Recent Afghan Evacuees.

The recent turmoil in Afghanistan has resulted in the U.S. evacuation from that country of approximately 130,000 people (124,000 Afghans and 6,000 U.S. citizens).

Many of the Afghan allies with U.S. special immigrant visa applications and their families who recently escaped Afghanistan were flown from Kabul to Washington, D.C. for their subsequent transfer to U.S. forts in Virginia (Fort Lee),Texas (Fort Bliss) and western Wisconsin (Fort McCoy, which is about 169 miles southeast of Minneapolis). Others were flown to U.S. military bases in other countries for processing and hoped-for transfers to the U.S.[6]

This summary is based upon the cited sources with recognition that this is a very complex and changing situation and readers’ corrections and amplifications are most welcome.

Legal Status of Afghan Evacuees[7]

Most, if not all, of these Afghans have not been through the previously described procedures for resettlement of refugees and have not been determined to meet the requirements for refugee status. (Some articles erroneously refer to them as “Afghan refugees.”)

Instead, they are being vetted by U.S. agencies for meeting the following requirements for Afghan Special Immigrant Visas (“SIVs”):

employment in Afghanistan for at least one year between October 7, 2001, and December 31, 2023, by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF), or a successor mission in a capacity that required the applicant to serve as an interpreter or translator for U.S. military personnel while traveling off-base with U.S. military personnel stationed at ISAF or to perform activities for U.S. military personnel stationed at ISAF; and
Have experienced or be experiencing an ongoing threat as a consequence of their employment.

Alternatively some Afghans might be eligible for Priority 2 (P-2) designation granting U.S. Refugee Admissions Program access for Afghans and their eligible family members by satisfying one of the following conditions:

“Afghans who do not meet the minimum time-in-service for a SIV but who work or worked as employees of contractors, locally-employed staff, interpreters/translators for the U.S. government, U.S. Forces Afghanistan (USFOXRX-A), International Security Assistance Force (ISAF), or Resolute Support;”
“Afghans who work or worked for a U.S. government-funded program or project in Afghanistan supported through a U.S. government grant or cooperative agreement;” or
“Afghans who are or were employed in Afghistan by a U.S.-based media organization or non-governmental organization.”

Afghans also could be eligible for “the Priority (P-1) program by virtue of their circumstances and apparent need for resettlement who are referred to the P-1 program . . . by the UN High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated NGO.”

However, an Associated Press reporter claims that “the majority will arrive without visas as ‘humanitarian parolees,’ lacking a path to legal U.S. residency and the benefits and services offered to traditional refugees, according to U.S. officials and worried aid groups working closely with the government.” Instead, “Afghan parolees who have arrived at U.S. military bases will be eligible for an ad hoc State Department program that provides limited assistance for up to 90 days, including a one-time $1,250 stipend. But they will not have the full range of medical, counseling and resettlement services available to immigrants who arrive through the U.S. refugee program.”

U.S. Administrative Agencies Involved in “Operation Allies Welcome”[8]

On August 19, 56 Senators sent a bipartisan letter to President Biden calling for “the urgent evacuation of Afghan Special Immigrant Visa (SIV) applicants and their families, as well as the full and immediate implementation of [the above legislation] to expand the Afghan SIV program and streamline the application process.”

That message was in accord with the Biden Administration’s desires. On August 29, President Biden directed the Department of Homeland Security to be the lead agency coordinating this resettlement effort and that agency’s Secretary (Alejandro N. Mayorkas) simultaneously appointed Robert J. Fenton, Jr. with 29 years of experience in FEMA large-scale response and recovery efforts to lead the interagency Unified Coordination Group in this effort. He will be working with Jack Markell, a former Delaware Governor and now the White House’s coordinator of “Operation Allies Welcome.”

Resettlement of Afghan Evacuees in U.S. [9]

Operation Allies Welcome is asking the nonprofit organizations that have contracted with the U.S. State Department for resettlement of refugees to also handle the resettlement of the Afghan evacuees. This task is made much more difficult by last year’s shrinkage of these agencies caused by President Trump’s reduction of the quota for such resettlement to 15,000 and the associated reduction of federal financial support for same and by the size and unresolved issues about the Afghan evacuees.

Societal Reactions to Afghan Resettlement [10]

There are general reports about positive reactions to such resettlement from U.S. citizens and organizations.

The State of Minnesota did so in an August 19, 2021, letter to President Biden from Minnesota Governor Tim Walz and Lieutenant Governor Peggy Flanagan. It stated that Minnesota “in the past . . . has stepped forward to help those who are fleeing desperate situations and need a safe place to call home” while acknowledging, “New Minnesotans strengthen our communities and contribute to the social fabric of our state. They are our neighbors.” Therefore, “we [in Minnesota] stand ready to work with you and your administration to welcome [Afghan] families as this effort to provide safety and refuge continues.”

Minnesota’s U.S. Senator Amy Klobuchar has voiced a similar opinion by offering her office’s assistance to American citizens and Afghan allies looking to evacuate that country and by signing a bipartisan letter to the President urging support for evacuation efforts.

In addition, Temple Israel of Minneapolis is embarking on a program to help some of these Afghans to resettle in Minnesota and has enlisted Westminster Presbyterian Church as a co-sponsor for such resettlements. The Temple’s program probably springs from the Hebrew Immigrant Aid Society (HIAS) as well as a continuous Jewish presence in the territory of Afghanistan from the 8th century CE until the 20th century.[11]

Conclusion[12]

Westminster’s involvement with immigrants is not new in our 160 years. Indeed, the church was established in 1857 by Scottish and Welsh newcomers on land that had been home to the Dakota people for many generations. In 1870 we established our first global mission partnership after our third pastor had visited China and in the 1880s began a formal ministry teaching English and providing support to Chinese immigrants that continued in the 20^th century.

Our church also has partnerships with Protestant churches in Cuba, Cameroon and Palestine.

These Westminster ministries are inspired by various Biblical passages.

The book of Leviticus says, “When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you. You shall love the sojourner as yourself, for you were sojourners in the land of Egypt. I am the Lord your God.” (Leviticus 19: 33-34.) (The Hebrew word for “alien” is “ger,”which means stranger in the land, one who sojourns among you.)

Jesus, of course, told stories about heroes who are disliked foreigners, like the good Samaritan (Luke 10: 25-37) , or when He welcomes those whom others shun as outsiders, like the Samaritan woman at the well (John 4: 1-26) and when He ignores the then current mandate no to pay attention to people living with leprosy or other illnesses (Matthew 8: 1-3). As our Pastor, Rev. Tim Hart-Andersen said in his recent sermon, “As Christians, our core conviction insists on hospitality to those deemed other by the world around us—and anyone else known to be the most vulnerable in the community.”

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[1] UNHCR, Convention and Protocol Relating to the Status of Refugees; Refugee Act of 1980; Convention Relating to the Status of Refugees, Wikipedia; List of Posts to dwkcommentaries—Topical: LAW (REFUGEE & Asylum).

[2] UNHCR, The History of Resettlement (2019).

[3] U.S. State Dep’t, About Refugee Admissions; U.S. State Governments Celebrate Refugee Accomplishments, dwkcommentaries.com (Feb. 2, 2020); U.S. State Dep’t, Report to Congress on Proposed Refugee Admissions for Fiscal Year 2021 (Oct. 22, 2020); U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021, dwkcommentaries.com (Oct. 2, 2020); U.S. State Dep’t, Report to Congress on the Proposed Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021 (Feb. 12, 2021); Joe Biden Raises Trump refugee cap after backlash, BBC News (May 4, 2021);UNHCR, UNHCR applauds US decision to increase refugee resettlement (May 3, 2001). Minnesota Council of Churches, Refugee Services.

[5] Minnesota Council of Churches, Refugee Services; Minnesota Council of Churches, Help Afghan Refugees (Aug. 30, 2021); Campbell, Schulze & Krohnke, Our Refugee Family Co-Sponsorship: An Invitation to Love the Sojourner Among Us, Westminster News (Sept. 2021).

[6] U.S. Defense Dep’t, U.S. Seeks to Open More Locations to Aid Evacuation From Kabul, General Says, DOD News (Aug. 21, 2021); Assoc. Press, Afghan refugees arrive, temporarily, in northern Virginia, Wash. Post (Aug. 22, 2021); Assoc. Press, Afghan refugees begin arriving at Fort McCoy in western Wisconsin, StarTribune (Aug. 23, 2021); Musa, The United States Needs an Afghan Refugee Resettlement Act, Foreign Policy (Aug. 19, 2021), ; Baghdassarian & Carney, Special Immigrant Visas for the United States’ Afghan Allies, Lessons Learned from Promises Kept and Broken, Lawfare (Aug. 19, 2021),

[7] State Dep’t, Special Immigrant Visas for Afghans—Who Were Employed by/on behalf of the U.S. Government; State Dep’t, U.S. Refugee Admissions Program Priority Designation 2 for Afghan Nationals (Aug. 2, 2021); Press Release, BREAKING: Senate Passes Shaheen-Ernst Bill to Protect Afghan Allies through SIV Program as Part of Supplemental Spending Bill (July 29, 2021); Emergency Security Supplemental Appropriations Act, 2021, Public Law 117-331, enacted on July 30, 2021; Assoc. Press, For Afghan evacuees arriving to U.S., a tenuous legal status and little financial support, Wash. Post (Sept. 1, 2021).

[8] Shaheen, Ernst Lead Bipartisan Effort Urging the Administration on Immediate Evacuation & Full Implementation of their SIV Legislation Aug. 19, 2021). Homeland Security Dep’t, DHS to Serve as Lead Federal Agency Coordinating Efforts to Resettle Vulnerable Afghans, (Aug. 29, 2021); Sacchetti, Miroff & Demirjian, Biden names former Delaware governor Jack Markell to serve as point person on Afghan resettlement in the United States, Wash. Post (Sept. 3, 2021).

[9] U.S. Refugee Organizations Race to Prepare for Influx of Afghans, W.S.J. (Aug. 31, 2021). Hackman, Afghan Refugees in the U.S.: How They’re Vetted, Where They Are going and How to Help, W.S.J. (Sept. 3, 2021). Assoc. Press, US faith groups unite to help Afghan refugees after war, StarTribune (Sept. 2, 2021).

[10] Office of Governor Walz & Lt. Governor Flanagan, Governor Walz and Lieutenant Governor Peggy Flanagan: Minnesota Stands ready to Welcome Afghan Refugee Families (Aug. 19, 2021); Assoc. Press, Walz extends Minnesota’s welcome mat to Afghan refugees (StarTribune (Aug. 20, 2021). News Release, Klobuchar Announces Office Assistance for Americans and Afghan Allies Evacuating Afghanistan (Aug. 18, 2021).

[11] HIAS Statement on Afghanistan Crisis (Aug. 16, 2021); History of the Jews in Afghanistan, Wikipedia; Oreck, Afghanistan Virtual Jewish History Tour, Jewish Virtual Library; The Jews of Afghanistan, Museum of the Jewish People. Westminster’s Response to Crisis in Afghanistan (Aug. 8, 2021).

[12] Rev. Timothy Hart-Andersen & Rev. David Tsai Shinn, Sermon: Concerning the Sojourner (June 20, 2021). Westminster Presbyterian Church, Global Partners Ministry Team.

Derek Chauvin Trial: Issues for Sentencing of Derek Chauvin

June 25 is the scheduled date for the Hennepin County District Court hearing on the sentencing of Derek Chauvin for his conviction for second-degree and third-degree murder and second-degree manslaughter of George Floyd.

Already the State and Chauvin have submitted briefs calling for vastly different sentences. The State argued for 30 years imprisonment while Chauvin asked for time already served and probation. This blog already has opined that the State’s argument is persuasive given the court’s prior determination that there were four factors favoring upward sentencing departure and that Chauvin’s argument was ridiculous.[1]

Now we examine Chauvin’s arguments for a new trial and impeaching the jury verdict and the opposing arguments from the State.[2]

Arguments for and Against New Trial

Chauvin’s 42 pages of arguments for a new trial reiterate motions and arguments made and rejected by the court before and during trial: pretrial publicity, change of venue, continuance or new trial, sequestration of the jury, and alleged prosecutorial misconduct. The first 54 pages of the State’s June 16^th Memorandum provide exacting details on why this Chauvin argument is not meritorious.

Arguments for and Against Schwartz Hearing

The last 11 pages of Chauvin’s brief set forth alleged acts of juror misconduct that purportedly justify a hearing to investigate alleged misconduct by two jurors: Juror 96 (Lisa Christiansen), who was an alternate released from jury duty prior to the jury’s consideration of the evidence and deliberation and Juror 52 (Brandon Mitchell).

The State, however, says these claims “are a desperate attempt to escape a lawful verdict, are barred by the law, and not supported by the facts” and should be rejected. (State’s Memorandum at 55-77.)

First, this motion cannot be granted for anything Ms. Christianson did because she was an alternate and excused by the court before the jury heard any evidence and deliberated in reaching a verdict. Moreover, she was truthful in responding to defense counsel’s questions during voir dire. (State’s Memorandum at 75-77.)

Second, Juror 52 (Brandon Mitchell) did serve on the jury and after the conclusion of the trial made public statements about the trial and the jury’s deliberations. Although such statements cannot be considered by the court on such a motion, they reveal that the jury carefully followed the court’s instructions and properly considered only the evidence, that they carefully deliberated after a preliminary vote with each juror expressing why he or she came to a conclusion of guilty on all counts.

Moreover, Mitchell in his written responses to over 69 written questions by the court and nearly 45 minutes of responding to defense counsel’s questions “extensively detailed his pre-existing views on a range of issues, including a “highly favorable opinion” of Black Lives Matter, and his prior impression of the case.

Conclusion

For the foregoing reasons, this blogger believes that the court should reject Chauvin’s motions and impose a sentence of 30 years imprisonment.

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[1] See these posts to dwkcommentaries.com: Derek Chauvin Trial: Week Seven (Conviction) (April 21, 2021); Derek Chauvin Trial: Court Finds Aggravating Factors for Sentencing (May 12, 2021); Derek Chauvin Trial: Arguments About Sentencing of Chauvin (June 7, 2021).

[2] Defendant’s Notice of Motions and Post-Verdict Motions, State v. Chauvin. Hennepin County District Court, Court File No. 27-CR-20-12646 (May 4, 2021); Memorandum of Law in Support of Defendant’s Post-Verdict Motion, State v. Chauvin. Hennepin County District Court., Court File No. 27-CR-20-12646 (June 2, 2021); State’s Memorandum in Opposition to Defendant’s Post-Verdict Motions, State v..Chauvin. Hennepin County District Court, Court File No. 27-CR-20-12646 (June 16, 2021); Forliti (AP). Prosecutors: New trial not merited for ex-cop in Floyd death, Wash. Post (June 16, 2021)

Court Affirms Livestreaming of George Floyd Criminal Trial

On November 5, Hennepin County District Court Judge Peter Cahill ordered that the joint criminal trial of the four defendants—Derek Chauvin, J. Alexander Kueng, Thomas Lane and Tou Thao–subject to the conditions contained in the order, including livestreaming. Thereafter the State objected to livestreaming while it was supported by the Media Coalition. [1]

On December 18, the Judge affirmed its original order for such coverage of the trial and denied the State’s motion to reconsider that order. [2]

The latest order conceded that the Court’s allowing audio and video coverage exceeds that allowed by Minn. Gen. R. Prac 4.02(d), but pointed out that another provision of these rules (1.02) ‘provides that ‘[a] judge may modify the application of [the General Rules of Practice] in any case to prevent manifest injustice.’

The Court concluded this latest order with this statement. “[T]he State’s suggested procedures to accommodate the Defendants’ Sixth Amendment rights [to a public trial] and the public’s and press’ First Amendment rights to a public trial would be, at best, inadequate, and at worst, mere lip-service to the Defendants’ and the public’s constitutional rights.” (P. 7.)

Conclusion

With this order and the previous order denying the motions for sanctions against the State for alleged deficiencies in discovery, the only pending motions awaiting decision are (i) Lane’s motion to reconsider joinder of the four defendants for one trial; (ii) the State’s objection to evidence of Floyd’s prior incident with the Minneapolis police; and (iii) Chauvin and Lane’s objections to the State’s intent to offer evidence of prior incidents involving Chauvin’s alleged use of excessive force.[3]

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[1] Court’s Orders Regarding Criminal Trial of Defendants in George Floyd Killing, dwkcommentaries.com (Nov. 5, 2020)(order for livestreaming); Parties’ Latest Reactions to Issues for Trial in George Floyd Criminal Cases, dwkcommentaries.com (Nov. 18, 2020)(includes State’s objection to livestreaming); Recent Developments in George Floyd Criminal Cases, dwkcommentaries.com(Dec. 12, 2020)(summary of State’s arguments against livestreaming); George Floyd Cases: Media for Livestream; Chauvin Criticizes State’s Disclosures, dwkcommentaries.com (Dec. 15, 2020).

[2] Order Denying Motions To Reconsider and Amend Order Allowing Audio and Video Coverage of Trial, State v. Chauvin, Dist. Ct. File 27-CR-20-12646 (Dec. 18, 2020); Sawyer, Judge upholds decision to livestream trial of officers in George Floyd killing, StarTribune (Dec. 18, 2020).

[3] Parties’ Latest Reactions to Issues for Trial in George Floyd Criminal Cases, dwkcommentaries.com (Nov. 18, 2020).

George Floyd Cases: Media for Livestream; Chauvin Criticizes State’s Disclosures

In the George Floyd criminal cases, as previously reported, the State has moved for cancelling the livestreaming of the upcoming trial of the four ex-Minneapolis policemen, and Defendant Tou Thao has requested a delay in the trial and sanctions against the State for alleged misconduct in disclosing evidence.[1]

Now Defendant Derek Chauvin adds his voice to criticism of the State’s evidence disclosures and to requesting postponement of the trial. And the Media Coalition along with three of the defendants reiterate their support for the livestreaming of the trial.

Chauvin’s Motion for Continuance[2]

On December 14^th Defendant Derek Chauvin moved for a continuance of the trial from March 8^th to a date to be established by the Court and of the deadline for him to make initial expert witness disclosures and for the Court to enter “any further relief the court deems just.”

These requests stem from the State’s alleged failure to provide timely discovery disclosures and to have done so in a disorganized and confusing manner, including hiding important documents in unimportant and duplicative materials.

These problems have “caused the defense to spend significant time, material and financial resources to simply organize the materials into a coherent case file,” which will be provided to expert witnesses for the defense. This is especially important for Chauvin because “the global profile of this case has also contributed to the delay in retaining experts willing or able to participate.”

This request was similar to the December 11^th motion by Defendant Thao to delay the trial from March 8 to July 5 and for sanctions against the prosecution for its alleged delay in sharing important evidence with the defense.

Media Coalition’s Supports Trial’s Livestreaming[3]

On December 14, the Media Coalition opposed the State’s request for reconsideration of the Court’s previous order allowing audio and video livestreaming of the trial. The Coalition opened this brief with the assertion that “never before, in the history of this country, has there been a criminal trial like the one scheduled in these cases. While there have been big, important cases, few, if any, gave rise to social justice movements the size of what George Floyd inspired. None of them, meanwhile, went to trial at a time when a deadly pandemic had the country in its clutches and when—simultaneously—the country had in its own clutches the technology to livestream a trial around the world.”

According to the Coalition, the Court’s November 4 Order “allowing livestreaming of the trial with certain conditions is a reasonable and appropriate response to these challenging circumstances. Moreover, “Defendants, who have a Sixth Amendment right to a public trial, do not challenge this approach. “

According to the Coalition, the State’s motion for reconsideration of this solution “cites no clash of constitutional principles. . . . Instead, it expresses vague and speculative concerns regarding witnesses’ perceived reluctance to testify if they know cameras are present.” The State relies on Minn. R. Gen. Prac. 4.02, but “in adopting Rule 4.02 as a pilot program in 2015, the Minnesota Supreme Court made clear that ‘[t]he media’s right to be present at public court proceedings as a representative of the public is not at issue here.’” For the George Floyd cases, “strict adherence to that rule would violate the First Amendment, which guarantees not just a theoretical right of access but an actual, meaningful right of access.”

Therefore, says the Media Coalition, the Court should deny the State’s motion for reconsideration. this position was supported by Defendants Derrek Chauvin, J. Alexander Kueng and Tou Thao.

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[1] See these posts to dwkcommentaries.com: More Details on 9/11/20 Hearing in George Floyd Criminal Cases (Sept. 11. 2020); Court’s Orders Regarding Criminal Trial of Defendants in George Floyd Killing (Nov. 5, 2020); Parties’ Latest Reactions to Issues for Trial in George Floyd Criminal Cases (Nov. 18, 2020); Recent Developments in George Floyd Criminal Cases (Dec. 12, 2020).

[2] Defendant’s Notice of Motion and Motion for Continuance, State v. Chauvin, Court file No. 27-CR-20-12648 (Hennepin County District Court Dec. 14, 2020); Affidavit of Eric J. Nelson, State v. Chauvin, Court file No. 27-CR-20-12648 (Hennepin County District Court Dec. 14, 2020); Xiong, Defense attorney in George Floyd case says prosecutors shared disorganized, duplicate evidence, StarTribune (Dec. 14, 2020); Bailey, Former Minneapolis Police Officers in George Floyd killing seek trial delay, Wash. Post (Dec. 14, 2020).

[3] Xiong, Media coalition pushes back on George Floyd prosecution, asks to livestream trial, StarTribune Dec. 14, 2020); Media Coalition’s Opposition to State’s Motion for Reconsideration of Order Allowing Audio and Video Coverage of Trial, State v. Chauvin, Court File No. 27-CR-20-12648 (Hennepin County District Court Dec. 14, 2020); Defendant’s Memorandum of Law Opposing the State’s Motion for Reconsideration, State v. Chauvin, Court File No. 27-CR-20-12648 (Hennepin County District Court Dec. 14, 2020); Defendant’s Reply to the State’s Motion To Reconsider Cameras in the Courtroom, State v. Kueng, Court File No.: 27-CR-20-12953 (Hennepin County District Court Dec. 14, 2020); Defense Objection to State’s Motion for Reconsideration, State v. Thao, Court File No. 27-CR-20-12949 Hennepin County District Court Dec. 14, 2020).

Recent Developments in George Floyd Criminal Cases

Since the filing of criminal charges against four former Minneapolis police officers over the May 25^th death of George Floyd there have been many submissions to the court, pretrial hearings and court orders that have been summarized in previous posts.[1] Now we look at the developments in the cases since November 18.

Kueng’s Supplemental Offer of Proof Regarding Floyd’s 5/6/19 Incident [2]

On November 23, Defendant Kueng submitted records of his attorney’s interviews of four other police officers involved in the May 6, 2019 Minneapolis arrest of Mr. Floyd as an offer of proof to admit evidence of that arrest at trial.

State’s Disclosure of Expert Witnesses [3]

On November 24, the State of Minnesota disclosed the following potential expert witnesses and reports:

Michael Berkow;
John J. Ryan,
William Louis Manion, M.D.
Glenn G. Hardin, MPH, DABFT
William Louis Manion, M.D.,
S. Charles Schulz, II,
Michael M. Baden, M.D.,
Theodore C. Chan, M.D.,
Sellman Charles Schulz, II, M.D.,
Lawson F. Bernstein, Jr., M.D.,
Joshua O. Zimmerman,
Andrew M. Baker, M.D.,
Theodore Chan,
Michael M. Baden, M.D.

State’s Arguments Against Livestreaming of Trial [4]

On November 25, the State moved for reconsideration of the order for audio and video coverage of the trial. It made the following points:

“The Minnesota General Rules of Practice . . . permit audio or visual recordings of criminal trials, but only if the State and Defendants have consented ‘in writing” or “on the record prior’ to trial.” But at least the State had not so consented.
“Moreover, even when the parties consent, the Rules prohibit video and audio recordings of ‘any witness who objects thereto in writing or on the record before testifying.’”
Neither the U.S. nor the Minnesota Constitution “requires such recordings.” And the “Sixth Amendment’s core purpose—transparency—can readily be achieved with overflow rooms and closed-circuit cameras. “
“[R]ecording and publicly broadcasting witness testimony without consent will cause witnesses to lose their privacy and suffer possible threats of intimidation, and may make it less likely that some witnesses will come forward and testify at trial. “

Defendant Thao Asks for Trial Delay & Sanctions on Prosecution [5]

On December 11, Defendant Tou Thao’s attorney filed a motion to delay the trial from March 8 to July 5 and for sanctions against the prosecution for its alleged delay in sharing important evidence with the defense.

The motion asserted that the Court’s order of June 30 required the prosecution to share all evidence by August 14, but the prosecution has delayed sharing more than 15,000 pages of evidence over eight separate instances. Most significant was the prosecution’s not providing until October 28 an account of a July 8 interview of Hennepin County Chief Medical Examiner Andrew Baker.. The defense attorney also asked the Court to order the State to pay for the defense attorney’s fees and costs caused by the delays and postpone the defense’s deadline to disclose their expert witnesses.

Dr. Andrew Baker in that July 8 interview described “the mechanism of death as Floyd’s heart and lungs stopping due to the combined effects of his health problems as well as the exertion and restraint involved in Floyd’s interaction with police prior to being on the ground.” (Emphasis in the brief.)

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[1] See List of Posts to dwkcommentaries—Topical: George Floyd Killing.

[2] Defendant’s Supplemental Offer of Proof in Support of Motion To Admit Floyd’s May 6, 2019 Incident, State v. Kueng, Court File No. 27-CR-20-12933 (Hennepin County District Court Nov. 23, 2020).

[3] Supplemental Prosecution Disclosure Pursuant to Rule 9.01, Subd. 1, State v. Chauvin, Court File No. 27-CR-20-12646 (Nov. 24. 2020).

[4] State’s Motion for Reconsideration of Order Allowing Audio and Video Coverage of Trial, State v. Chauvin, Court File No. 27-CR-20-12646 (Hennepin County District Court Nov. 25, 2020); Xiong, Prosecutors challenge judge’s order allowing livestreamng of George Floyd trial, arguing it could harm testimony, StarTribune (Nov. 30, 3030).

[5] Motion for Sanctions and Hearing Regarding Discovery Violations by the State, State v. Thao, Court File No 27-CR-20-12949 (Hennepin County District Court Dec. 11, 2020); Exhibit 1 to said motion (FBI Memo of Interview of Andrew Baker, MD (09/01/20)); Exhibit 2 to said Motion (Letter, Aug. 7, 2020, Office of Hennepin County Attorney to Assistant U.S. Attorney Jeffrey Paulsen); Defense attorney: Prosecutors in George Floyd case should be sanctioned for delaying sharing evidence, StarTribune (Dec. 11, 2020).

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).