dueprocess
In February, President Joe Biden issued an executive order that declared a "national emergency" in response to "high levels of extremist settler violence" in the West Bank and imposed economic sanctions on "persons undermining peace, security, and stability" there. Although he emphasized the threat posed by attacks on Palestinian civilians, his order extended much further, encompassing "any foreign person" whom the secretary of state or the secretary of the treasury deems "complicit" in actions that "threaten the peace, security, or stability of the West Bank." Because the order prohibits "the...
Reason
This is part five of Operation Shakedown, a series about heavy-handed traffic enforcement tactics and property seizures in Spartanburg County, South Carolina. Click here to read part one. When officers stopped a Greyhound bus for going 5 mph over the speed limit on Interstate 85 in Spartanburg County, South Carolina, they were not interested in traffic enforcement. The real target was drugs and cash, which the police pursued with factory-like precision. NASCAR pit crews could learn something about speed and efficiency from these experts. The Florence County deputy who pulled that bus over on O...
Reason
People have rights—even, or perhaps especially, when the police launch investigations against them—but an out-of-state Atlanta driver got little help from the Constitution when a deputy pulled him over on October 5, 2022, in Cherokee County, South Carolina. The driver had no warrants for his arrest, and the deputy did not witness any criminal conduct. The driver was stopped for allegedly following another vehicle too closely on Interstate 85 in Spartanburg County, South Carolina. The Fourth Amendment guarantees the right to be "secure in their persons, houses, papers, and effects, against unre...
Reason
South Carolina sheriff's deputies faced backlash when they boarded a Shaw University charter bus in October 2022 and started rummaging through students' personal belongings without a warrant. The historically black school filed a complaint with the Department of Justice. Now, newly released public records show the police intrusion was not an isolated incident. Officers routinely pulled over and searched commercial buses during Operation Rolling Thunder in 2022, in Spartanburg County, South Carolina. Officials claim they do not know the precise number of bus searches that year, but a tally shee...
Reason
"Criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something," Supreme Court Justice Neil Gorsuch observed in 2019. Gorsuch elaborates on that theme in a new book, showing how the proliferation of criminal penalties has given prosecutors enormous power to ruin people's lives, resulting in the nearly complete replacement of jury trials with plea bargains. "Some scholars peg the number of federal statutory crimes at more than 5,000," Gorsuch and co-author Janie Nitze note in Over Ruled:The Human Toll of Too Much L...
Reason
To the untrained eye, there was nothing unusual on October 5, 2022, near mile marker 77 on Interstate 85. But when two deputies from Greenville County, South Carolina, saw a blue Tesla come into view, they sprang into action. The vehicle was not speeding or driving recklessly. It had no broken lights or expired tags, nor had the car been reported stolen. What it did have was out-of-state plates on a rental car. This is enough to trigger a traffic stop during Operation Rolling Thunder, the annual five-day law enforcement blitz that turns a 20-mile stretch of freeway between Charlotte, North Car...
Reason
In Spartanburg County, South Carolina, on Interstate 85, police officers stop vehicles for traveling in the left lane while not actively passing, touching the white fog line, or following too closely. This annual crackdown is called Operation Rolling Thunder, and the police demand perfection. Any infraction, no matter how minor, can lead to a roadside interrogation and warrantless search. However, a 21-month fight for transparency shows participating agencies play loose with South Carolina's Freedom of Information Act (FOIA), which requires the government to perform its business in an "open an...
Reason
After black-clad demonstrators protested Donald Trump's inauguration in an "Anti-Capitalist/Anti-Fascist Bloc" march on January 20, 2017, federal prosecutors in Washington, D.C., charged over 200 of them with rioting. While 21 defendants pleaded guilty, all of the other cases ended in acquittals, mistrials, or charges dismissed with prejudice. One reason for that fiasco, according to recently filed disciplinary charges, was the discovery that the federal prosecutor who oversaw the cases persistently withheld exculpatory evidence and repeatedly lied about it to judges and defense attorneys. In ...
Reason
Wall Street Journal reporter Evan Gershkovich was released from Russian captivity on Thursday as part of the largest prisoner swap between Russia and Western nations in decades. Gershkovich had been imprisoned for nearly 500 days and was recently sentenced to 16 years in a penal colony. Gershkovich was arrested in March 2023 while on assignment in Yekaterinburg, Russia. Russian authorities claimed he was obtaining information for the CIA, though the allegations against Gershkovich are widely assumed to be false and have been denied strenuously by the Journal. Gershkovich was released around 11...
Reason
After the U.S. Supreme Court curtailed the powers of federal agencies in two cases last week, progressive critics predictably complained that the decisions favored "big business," "corporate interests," and "the wealthy and powerful." That gloss overlooked the reality that people with little wealth or power frequently are forced to contend with overweening bureaucrats who invent their own authority and play by their own rules. In the more consequential case, the Court repudiated the Chevron doctrine, which required that judges defer to a federal agency's "permissible" interpretation of an "amb...
Reason
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