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"content": "\u003cp>Facebook said it expects a fine of up to $5 billion from the Federal Trade Commission, which is investigating whether the social network violated its users' privacy.\u003c/p>\n\u003cp>The company set aside $3 billion in its quarterly earnings report Wednesday as a contingency against the possible penalty but noted that the \"matter remains unresolved.\"\u003c/p>\n\u003cp>[aside label=\"More Facebook Coverage\" tag=\"facebook\"]\u003c/p>\n\u003cp>The one-time charge slashed Facebook's first-quarter net income considerably, although revenue grew by 25 percent in the period. The FTC has been looking into whether Facebook broke its own 2011 agreement promising to protect user privacy.\u003c/p>\n\u003cp>Investors shrugged off the charge and sent the company's stock up nearly 5 percent to $190.89 in after-hours trading. EMarketer analyst Debra Aho Williamson, however, called it a \"significant development\" and noted that any settlement is likely to go beyond a mere dollar amount.\u003c/p>\n\u003cp>\"(Any) settlement with the FTC may impact the ways advertisers can use the platform in the future,\" she said.\u003c/p>\n\u003cp>Facebook has had several high-profile privacy lapses in the past couple of years. The FTC has been looking into Facebook's involvement with the data-mining firm \u003ca href=\"https://www.kqed.org/news/tag/cambridge-analytica\" rel=\"noopener\" target=\"_blank\">Cambridge Analytica scandal\u003c/a> since last March. That company accessed the data of as many as 87 million Facebook users without their consent.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In addition to the FTC investigation, Facebook faces several others in the U.S. and Europe, including by the Irish Data Protection Commission, and others in Belgium and Germany. Ireland is Facebook's lead privacy regulator for Europe.\u003c/p>\n\u003cp>The social network said its net income was $2.43 billion, or 85 cents per share in the January-March period. That's down 51 percent from $4.99 billion, or $1.69 per share, a year earlier, largely as a result of the $3 billion charge.\u003c/p>\n\u003cp>Revenue grew 26 percent to $15.08 billion from a year earlier. Excluding the charge, Facebook earned $1.89 per share.\u003c/p>\n\u003cp>Analysts polled by FactSet expected earnings of $1.62 per share and revenue of $14.98 billion. Facebook's monthly user base grew 8 percent to 2.38 billion. Daily users grew 8 percent to 1.56 billion.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The one-time charge slashed Facebook's first-quarter net income considerably, although revenue grew by 25 percent in the period. The FTC has been looking into whether Facebook broke its own 2011 agreement promising to protect user privacy.\u003c/p>\n\u003cp>Investors shrugged off the charge and sent the company's stock up nearly 5 percent to $190.89 in after-hours trading. EMarketer analyst Debra Aho Williamson, however, called it a \"significant development\" and noted that any settlement is likely to go beyond a mere dollar amount.\u003c/p>\n\u003cp>\"(Any) settlement with the FTC may impact the ways advertisers can use the platform in the future,\" she said.\u003c/p>\n\u003cp>Facebook has had several high-profile privacy lapses in the past couple of years. The FTC has been looking into Facebook's involvement with the data-mining firm \u003ca href=\"https://www.kqed.org/news/tag/cambridge-analytica\" rel=\"noopener\" target=\"_blank\">Cambridge Analytica scandal\u003c/a> since last March. That company accessed the data of as many as 87 million Facebook users without their consent.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Defendants in California’s criminal justice system often face numerous fees related to their cases: Counties can charge them for things like using a public defender ($50) or being arrested ($25).\u003c/p>\n\u003cp>[aside postID='news_11350207' label='New Bill Aims to Stop Charging Parents of Incarcerated Kids']\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB144\">Senate Bill 144,\u003c/a> sponsored by state Sen. Holly Mitchell (D-Los Angeles), would prevent counties from assessing and collecting those administrative fees.\u003c/p>\n\u003cp>“This practice inflicts unfair debt on incarcerated people and their families long after they have served their time,” she said Tuesday in introducing the bill at a press conference.\u003c/p>\n\u003cp>Angelique Evans, who joined the press conference, said she faced so many fees when she was released from prison — more than $300 a month — that she struggled to take care of her son.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“To make ends meet, I took on jobs that I knew my body could not handle, such as landscaping and solar installation,” said Evans, who lives in Los Angeles. “I was literally wearing myself out.”\u003c/p>\n\u003cp>Mitchell said recent studies show most counties don’t even track collection rates. Those that did keep track found low collection rates and a high cost of collection.\u003c/p>\n\u003cp>“Communities, courts, counties and evidence-based studies make it abundantly clear that the fees are high pain and low gain,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In 2017 Mitchell authored a similar bill, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB190\">SB 190\u003c/a>, that eliminated the fees for juvenile offenders.\u003c/p>\n\n",
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"disqusTitle": "Advocates Eye Legal Options as Homeless Are Ticketed Along River in Sacramento",
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"content": "\u003cp>Thomas Nimmo has been living along the \u003ca href=\"http://www.regionalparks.saccounty.net/Parks/Pages/AmericanRiverParkway.aspx\" target=\"_blank\" rel=\"noopener\">American River Parkway\u003c/a> in Sacramento for several years. Earlier this month, he said he had a run-in with a Sacramento County park ranger.\u003c/p>\n\u003cp>[aside tag='homelessness' label='More Coverage of Homelessness From KQED']\u003c/p>\n\u003cp>\"I had just gotten to the park and was sitting down smoking a cigarette and then I saw the park ranger come by,\" Nimmo said. \"They gave me a ticket for having the buggy in the park. They said, 'Well, we can't get you on anything else, but we'll get you on this.' \"\u003c/p>\n\u003cp>Nimmo said he accepted the ticket and went down to Loaves & Fishes, which provides services to the homeless, to use their legal aid services to get it taken care of. He wound up with six hours of community service.\u003c/p>\n\u003cp>\"I was really upset,\" Nimmo said.\u003c/p>\n\u003cp>Local officials say homeless camping along the American River Parkway, a 23-mile stretch along the American River, has always been an issue. The dense trees and brush make it easy to be discreet. But around this time of the year, when the river rises, it forces residents to move away from the water and to more visible spaces, such as levees.\u003c/p>\n\u003cp>Prior to this year, rangers would often ticket homeless residents during these seasons for camping on the parkway. But then the 9th U.S. Circuit Court of Appeals affirmed the \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/04/15-35845.pdf\" target=\"_blank\" rel=\"noopener\">Martin v. City of Boise\u003c/a> decision in 2018, which argued that citing homeless people for camping — when there's nowhere else for them to go — falls under cruel and unusual punishment and therefore is unconstitutional.\u003c/p>\n\u003cp>\"Basically what it did was say, effectively, you cannot as a park ranger or a city cop give a ticket for camping,\" said Tamara Edge, legal director at Loaves & Fishes. \"If anything, the harassment has increased, not decreased.\"\u003c/p>\n\u003cp>Edge said that, along with the rash of ticketing for specific offenses, they're seeing three or four under one citation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"So, on average, they'd get like six hours for one citation. But now they're getting close to 12 or 24 hours because they're cited for three different things,\" Edge said.\u003c/p>\n\u003cp>Park officials said they do not take housing status into account when writing citations, and that anyone on the parkway performing these actions would be ticketed.\u003c/p>\n\u003cp>County officials also argue they have a responsibility to the ecological health of the parkway as much as to the homeless residents who live there.\u003c/p>\n\u003cp>\"I have to be an advocate for both constituencies,\" said Sacramento County Supervisor Phil Serna, whose district is bisected by the parkway.\u003c/p>\n\u003cp>\"I have an equal responsibility to express compassion and whatever authority I can exercise to influence the application of resources to help house people, to help shelter people, to help them reach stability if they are suffering substance abuse and mental health challenges,\" Serna said. \"I also have that same responsibility to my constituents that live in neighborhoods adjacent to the parkway, who are feeling the impacts of having people live atop the crowns of the levee.\"\u003c/p>\n\u003cp>Part of the issue, according to some advocates, is a lack of shelter space for homeless people — a problem that Sacramento Mayor Darrell Steinberg has made one of his central issues.\u003c/p>\n\u003cp>\"That stereotype, 'Oh, people don't want help,' isn't true, if you engage them in a consistent and assertive way and build that trust. We're doing that,\" Steinberg said. \"We need a low-barrier shelter. We haven't had that in Sacramento. We are now committed to creating 800 units.\"\u003c/p>\n\u003cp>But until those beds open, advocates argue that ticketing homeless people along the parkway for issues like having a shopping cart could fall under the same Boise decision and be considered cruel and unusual punishment.\u003c/p>\n\u003cp>\"We've really seen a dramatic increase, not only in other citations written for homeless people, but also in terms of arrests — misdemeanor arrests, felony arrests, etc. Those jumped pretty dramatically as well,\" said Bob Erlenbusch, executive director of the Sacramento Regional Coalition to End Homelessness.\u003c/p>\n\u003cp>Erlenbusch said they're consulting with the National Law Center on Homelessness and Poverty in Washington, D.C., which was part of the Boise decision, to see if the county's actions violate the law. If so, it might be facing legal action.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I had just gotten to the park and was sitting down smoking a cigarette and then I saw the park ranger come by,\" Nimmo said. \"They gave me a ticket for having the buggy in the park. They said, 'Well, we can't get you on anything else, but we'll get you on this.' \"\u003c/p>\n\u003cp>Nimmo said he accepted the ticket and went down to Loaves & Fishes, which provides services to the homeless, to use their legal aid services to get it taken care of. He wound up with six hours of community service.\u003c/p>\n\u003cp>\"I was really upset,\" Nimmo said.\u003c/p>\n\u003cp>Local officials say homeless camping along the American River Parkway, a 23-mile stretch along the American River, has always been an issue. The dense trees and brush make it easy to be discreet. But around this time of the year, when the river rises, it forces residents to move away from the water and to more visible spaces, such as levees.\u003c/p>\n\u003cp>Prior to this year, rangers would often ticket homeless residents during these seasons for camping on the parkway. But then the 9th U.S. Circuit Court of Appeals affirmed the \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/04/15-35845.pdf\" target=\"_blank\" rel=\"noopener\">Martin v. City of Boise\u003c/a> decision in 2018, which argued that citing homeless people for camping — when there's nowhere else for them to go — falls under cruel and unusual punishment and therefore is unconstitutional.\u003c/p>\n\u003cp>\"Basically what it did was say, effectively, you cannot as a park ranger or a city cop give a ticket for camping,\" said Tamara Edge, legal director at Loaves & Fishes. \"If anything, the harassment has increased, not decreased.\"\u003c/p>\n\u003cp>Edge said that, along with the rash of ticketing for specific offenses, they're seeing three or four under one citation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"So, on average, they'd get like six hours for one citation. But now they're getting close to 12 or 24 hours because they're cited for three different things,\" Edge said.\u003c/p>\n\u003cp>Park officials said they do not take housing status into account when writing citations, and that anyone on the parkway performing these actions would be ticketed.\u003c/p>\n\u003cp>County officials also argue they have a responsibility to the ecological health of the parkway as much as to the homeless residents who live there.\u003c/p>\n\u003cp>\"I have to be an advocate for both constituencies,\" said Sacramento County Supervisor Phil Serna, whose district is bisected by the parkway.\u003c/p>\n\u003cp>\"I have an equal responsibility to express compassion and whatever authority I can exercise to influence the application of resources to help house people, to help shelter people, to help them reach stability if they are suffering substance abuse and mental health challenges,\" Serna said. \"I also have that same responsibility to my constituents that live in neighborhoods adjacent to the parkway, who are feeling the impacts of having people live atop the crowns of the levee.\"\u003c/p>\n\u003cp>Part of the issue, according to some advocates, is a lack of shelter space for homeless people — a problem that Sacramento Mayor Darrell Steinberg has made one of his central issues.\u003c/p>\n\u003cp>\"That stereotype, 'Oh, people don't want help,' isn't true, if you engage them in a consistent and assertive way and build that trust. We're doing that,\" Steinberg said. \"We need a low-barrier shelter. We haven't had that in Sacramento. We are now committed to creating 800 units.\"\u003c/p>\n\u003cp>But until those beds open, advocates argue that ticketing homeless people along the parkway for issues like having a shopping cart could fall under the same Boise decision and be considered cruel and unusual punishment.\u003c/p>\n\u003cp>\"We've really seen a dramatic increase, not only in other citations written for homeless people, but also in terms of arrests — misdemeanor arrests, felony arrests, etc. Those jumped pretty dramatically as well,\" said Bob Erlenbusch, executive director of the Sacramento Regional Coalition to End Homelessness.\u003c/p>\n\u003cp>Erlenbusch said they're consulting with the National Law Center on Homelessness and Poverty in Washington, D.C., which was part of the Boise decision, to see if the county's actions violate the law. If so, it might be facing legal action.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The Supreme Court hears oral arguments in a case brought by the state of New York, over whether a citizenship question belongs on the 2020 census. Like California, New York is suing the Commerce Department on this issue and our state has filed in support of New York in the case being heard today.\u003c/p>\n\u003cp>The California Report's Lily Jamali talks with California's Attorney General, Xavier Becerra.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"disqusTitle": "'Imminent Peril': Hanford Police Documents Shed Light on Deadly Shooting",
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"content": "\u003cp>It was Nov. 27, 2017, at about 3 p.m. when Hanford police Officer Jeff Davis first heard a dispatch about a deadly shooting in the small Central Valley town of Lemoore. Minutes later, he noticed a blue Dodge Charger at a traffic stop. He checked the license plate numbers against those he’d just written down on his hand.\u003c/p>\n\u003cp>“I put two and two together and I thought, well, this has got to be the suspect in the Lemoore shooting,” Davis told investigators later, according to documents recently released by the Hanford Police Department.\u003c/p>\n\u003cp>What happened that day resulted in a months-long investigation into how the Hanford police handled a high-speed car chase and eventually a deadly confrontation. Hours of body-camera footage and dozens of documents from the Hanford Police Department, Kings County Sheriff’s Office and the Kings County District Attorney’s Office give unprecedented insight into the crucial moments when police officers made life-and-death decisions.\u003c/p>\n\u003cp>For decades, records of police misconduct and use of deadly force have been kept secret in California for the most part. But that changed when a new state law, SB 1421, took effect on Jan. 1, 2019. The new law allows public access to records of sexual assault by on-duty peace officers, of lying by officers on police reports or testimony, of police shootings and any other officer use of force resulting in serious injury or death.\u003c/p>\n\u003cp>Below is the story of how an officer-involved shooting in Kings County unfolded, as told through testimony given to investigators and analysis of video footage from cameras worn by officers.\u003c/p>\n\u003cp>[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003ch2>The Chase\u003c/h2>\n\u003cp>It started in the early afternoon when a woman named Danielle Dever was found shot in her home in Lemoore, allegedly by her boyfriend, Juan Luis Castro. Her parents called the police and an alert was issued for Castro’s car — the blue Dodge Charger.\u003c/p>\n\u003cp>Once Officer Davis was sure he had the right car, he turned on his siren. Davis and several other officers chased Castro down rural roads, reaching speeds of 100 mph.\u003c/p>\n\u003cp>Davis radioed his boss, Cpl. Chris Barker. “Hey, if we slow down to anything under 30, Code 4 to do a PIT maneuver?” asked Davis.\u003c/p>\n\u003cp>Davis was hoping for an opportunity to execute a so-called PIT maneuver, in which he would bump into Castro’s car, spin it and bring it to a stop. He got the OK.\u003c/p>\n\u003cp>“It’s a rural road, with dirt on either side. There are no other dangers,” he later told investigators.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The maneuver worked and Castro’s car was stopped. Four other police cars pulled up around the Dodge Charger. Barker yelled at Castro, “Keep your hands up, get your other one up.”\u003c/p>\n\u003cp>According to documents and a review of the video camera footage, the officers couldn’t see if Castro had a gun, because he’d opened the door of his car and it was blocking their view.\u003c/p>\n\u003cp>“Crawl out, get on the ground,” Barker shouted.\u003c/p>\n\u003cp>But Castro replied that he couldn’t.\u003c/p>\n\u003cp>Barker considered his options. He looked in his car trunk for his beanbag shotgun, but it wasn’t there.\u003c/p>\n\u003cp>“Ain’t got my less lethal,” Barker can be heard saying to himself in the body-camera footage.\u003c/p>\n\u003cp>Another officer suggested using a taser, but Barker said there wasn’t a clear shot and he didn’t want to chance it.\u003c/p>\n\u003cp>Meanwhile, Barker asked Castro to show his hands with increasing urgency, but instead, Castro mumbled something about his family and how they were going to kill him.\u003c/p>\n\u003cp>Barker later told investigators what ran through his mind in that moment.\u003c/p>\n\u003cp>“This is going to go to suicide by cop,” Barker said, referring to situations in which a person provokes police to shoot them. “Or a suicide, or shoot it out with us.”\u003c/p>\n\u003cfigure id=\"attachment_11742133\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11742133\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/barker_video_screen_grab-800x391.jpg\" alt=\"A still image from the body camera worn by Hanford Police Corporal Chris Barker shows his perspective on the standoff between law enforcement and Juan Castro.\" width=\"800\" height=\"391\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-800x391.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-160x78.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-1020x498.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-1200x586.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab.jpg 1313w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A still image from the body camera worn by Hanford police Cpl. Chris Barker shows his perspective on the standoff between law enforcement and Juan Castro on Nov. 27, 2017. \u003ccite>(Hanford Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>To Castro, Barker said, “Come on man, just let us help you.”\u003c/p>\n\u003cp>Castro replied, “Just let me breathe.”\u003c/p>\n\u003cp>After a few more minutes of deadlock, Officer Davis said he sensed a shift in Castro.\u003c/p>\n\u003cp>“At one point I saw the guy start breathing real heavy and I told Chris, Corporal Barker, I said, ‘Hey this guy’s starting to breathe heavy, something’s gonna happen,’ ” Davis told investigators.\u003c/p>\n\u003cp>As the tension mounted, a sheriff’s dog that had arrived on the scene began barking. Kings County Sheriff’s Deputy Dakota Fausnett threatened to send in the dog if Castro didn’t start cooperating.\u003c/p>\n\u003cp>“Last chance!” Fausnett yelled.\u003c/p>\n\u003cp>Castro still didn’t move.\u003c/p>\n\u003ch2>The Shooting\u003c/h2>\n\u003cp>The next action set off a rapid and deadly chain of events.\u003c/p>\n\u003cp>Deputy Fausnett released the dog, which ran at Castro, snarling. Castro’s right hand finally came out — holding a gun.\u003c/p>\n\u003cp>He shot at the dog and Fausnett, and Barker fired back.\u003c/p>\n\u003cp>The exchange of fire was quick and Castro fell to the ground.\u003c/p>\n\u003cp>Barker later described the scene to investigators: “He's looking at me, his eyes basically roll back in his head and so I, it looks like the threat stopped. I kicked the gun out of the way.”\u003c/p>\n\u003cp>The entire confrontation, from the beginning of the car chase to Castro’s death, lasted about 15 minutes. No officers were injured. The dog had been shot in the leg but survived.\u003c/p>\n\u003cp>An autopsy later found that Castro was shot six times. It also revealed that Castro had methamphetamine in his blood at the time of death.\u003c/p>\n\u003cfigure id=\"attachment_11742136\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003cimg class=\"wp-image-11742136\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-800x823.jpg\" alt=\"Juan Castro shared a home in Lemoore, CA, with his girlfriend Danielle Dever. Castro is the main suspect in Dever’s shooting death.\" width=\"400\" height=\"412\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-800x823.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-160x165.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-1020x1050.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped.jpg 1139w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cfigcaption class=\"wp-caption-text\">Juan Castro shared a home in Lemoore, California, with his girlfriend, Danielle Dever. Castro is the main suspect in Dever’s shooting death. \u003ccite>(Kings County Sheriff’s Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The Investigation\u003c/h2>\n\u003cp>Immediately after the shooting, per protocol at the Hanford Police Department and Kings County Sheriff’s Office, an investigation was initiated into whether the use of deadly force was necessary.\u003c/p>\n\u003cp>After a six-month investigation, the Kings County district attorney concluded that the officers’ actions were justified “in accordance with the law of defense of self and others.”\u003c/p>\n\u003cp>“The deputy and officer would have been derelict in their duties had they not engaged Juan Castro in the manner in which they did,” wrote District Attorney Keith Fagundes.\u003c/p>\n\u003cp>Fagundes also cited California case law that ruled that peace officers may use deadly force when they believe that they're in imminent peril. “ ‘Imminent peril’ means that the peril must have existed or appeared to have existed at the very time the shot(s) was/were fired,” Fagundes wrote in his report.\u003c/p>\n\u003cp>“I don’t know a cop in this world that would approach him [Castro], you know, any differently,” said Cmdr. Mark Bevens of the Kings County Sheriff’s Office in a recent interview.\u003c/p>\n\u003cp>Bevens was not directly involved in the shooting or investigation, although he works in the same agency as the officers who were involved. He agreed that some of the less lethal options the officers had considered, like using a taser, would not have made sense tactically.\u003c/p>\n\u003cp>“You’d have to leave a position of cover to use it, you’d have to get in close, and in doing so, you’d have to put your gun away,” he said.\u003c/p>\n\u003cp>The district attorney’s office concluded that Castro had shot and killed his girlfriend, Danielle Dever. Bevens added that the gun Castro used to shoot at officers was the same gun used to kill Dever.\u003c/p>\n\u003cp>We were unable to identify living family members of Castro to contact for this story.\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The Chase\u003c/h2>\n\u003cp>It started in the early afternoon when a woman named Danielle Dever was found shot in her home in Lemoore, allegedly by her boyfriend, Juan Luis Castro. Her parents called the police and an alert was issued for Castro’s car — the blue Dodge Charger.\u003c/p>\n\u003cp>Once Officer Davis was sure he had the right car, he turned on his siren. Davis and several other officers chased Castro down rural roads, reaching speeds of 100 mph.\u003c/p>\n\u003cp>Davis radioed his boss, Cpl. Chris Barker. “Hey, if we slow down to anything under 30, Code 4 to do a PIT maneuver?” asked Davis.\u003c/p>\n\u003cp>Davis was hoping for an opportunity to execute a so-called PIT maneuver, in which he would bump into Castro’s car, spin it and bring it to a stop. He got the OK.\u003c/p>\n\u003cp>“It’s a rural road, with dirt on either side. There are no other dangers,” he later told investigators.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The maneuver worked and Castro’s car was stopped. Four other police cars pulled up around the Dodge Charger. Barker yelled at Castro, “Keep your hands up, get your other one up.”\u003c/p>\n\u003cp>According to documents and a review of the video camera footage, the officers couldn’t see if Castro had a gun, because he’d opened the door of his car and it was blocking their view.\u003c/p>\n\u003cp>“Crawl out, get on the ground,” Barker shouted.\u003c/p>\n\u003cp>But Castro replied that he couldn’t.\u003c/p>\n\u003cp>Barker considered his options. He looked in his car trunk for his beanbag shotgun, but it wasn’t there.\u003c/p>\n\u003cp>“Ain’t got my less lethal,” Barker can be heard saying to himself in the body-camera footage.\u003c/p>\n\u003cp>Another officer suggested using a taser, but Barker said there wasn’t a clear shot and he didn’t want to chance it.\u003c/p>\n\u003cp>Meanwhile, Barker asked Castro to show his hands with increasing urgency, but instead, Castro mumbled something about his family and how they were going to kill him.\u003c/p>\n\u003cp>Barker later told investigators what ran through his mind in that moment.\u003c/p>\n\u003cp>“This is going to go to suicide by cop,” Barker said, referring to situations in which a person provokes police to shoot them. “Or a suicide, or shoot it out with us.”\u003c/p>\n\u003cfigure id=\"attachment_11742133\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11742133\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/barker_video_screen_grab-800x391.jpg\" alt=\"A still image from the body camera worn by Hanford Police Corporal Chris Barker shows his perspective on the standoff between law enforcement and Juan Castro.\" width=\"800\" height=\"391\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-800x391.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-160x78.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-1020x498.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab-1200x586.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/barker_video_screen_grab.jpg 1313w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A still image from the body camera worn by Hanford police Cpl. Chris Barker shows his perspective on the standoff between law enforcement and Juan Castro on Nov. 27, 2017. \u003ccite>(Hanford Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>To Castro, Barker said, “Come on man, just let us help you.”\u003c/p>\n\u003cp>Castro replied, “Just let me breathe.”\u003c/p>\n\u003cp>After a few more minutes of deadlock, Officer Davis said he sensed a shift in Castro.\u003c/p>\n\u003cp>“At one point I saw the guy start breathing real heavy and I told Chris, Corporal Barker, I said, ‘Hey this guy’s starting to breathe heavy, something’s gonna happen,’ ” Davis told investigators.\u003c/p>\n\u003cp>As the tension mounted, a sheriff’s dog that had arrived on the scene began barking. Kings County Sheriff’s Deputy Dakota Fausnett threatened to send in the dog if Castro didn’t start cooperating.\u003c/p>\n\u003cp>“Last chance!” Fausnett yelled.\u003c/p>\n\u003cp>Castro still didn’t move.\u003c/p>\n\u003ch2>The Shooting\u003c/h2>\n\u003cp>The next action set off a rapid and deadly chain of events.\u003c/p>\n\u003cp>Deputy Fausnett released the dog, which ran at Castro, snarling. Castro’s right hand finally came out — holding a gun.\u003c/p>\n\u003cp>He shot at the dog and Fausnett, and Barker fired back.\u003c/p>\n\u003cp>The exchange of fire was quick and Castro fell to the ground.\u003c/p>\n\u003cp>Barker later described the scene to investigators: “He's looking at me, his eyes basically roll back in his head and so I, it looks like the threat stopped. I kicked the gun out of the way.”\u003c/p>\n\u003cp>The entire confrontation, from the beginning of the car chase to Castro’s death, lasted about 15 minutes. No officers were injured. The dog had been shot in the leg but survived.\u003c/p>\n\u003cp>An autopsy later found that Castro was shot six times. It also revealed that Castro had methamphetamine in his blood at the time of death.\u003c/p>\n\u003cfigure id=\"attachment_11742136\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003cimg class=\"wp-image-11742136\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-800x823.jpg\" alt=\"Juan Castro shared a home in Lemoore, CA, with his girlfriend Danielle Dever. Castro is the main suspect in Dever’s shooting death.\" width=\"400\" height=\"412\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-800x823.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-160x165.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped-1020x1050.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36667_Juan-Luis-Castro_cropped.jpg 1139w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cfigcaption class=\"wp-caption-text\">Juan Castro shared a home in Lemoore, California, with his girlfriend, Danielle Dever. Castro is the main suspect in Dever’s shooting death. \u003ccite>(Kings County Sheriff’s Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The Investigation\u003c/h2>\n\u003cp>Immediately after the shooting, per protocol at the Hanford Police Department and Kings County Sheriff’s Office, an investigation was initiated into whether the use of deadly force was necessary.\u003c/p>\n\u003cp>After a six-month investigation, the Kings County district attorney concluded that the officers’ actions were justified “in accordance with the law of defense of self and others.”\u003c/p>\n\u003cp>“The deputy and officer would have been derelict in their duties had they not engaged Juan Castro in the manner in which they did,” wrote District Attorney Keith Fagundes.\u003c/p>\n\u003cp>Fagundes also cited California case law that ruled that peace officers may use deadly force when they believe that they're in imminent peril. “ ‘Imminent peril’ means that the peril must have existed or appeared to have existed at the very time the shot(s) was/were fired,” Fagundes wrote in his report.\u003c/p>\n\u003cp>“I don’t know a cop in this world that would approach him [Castro], you know, any differently,” said Cmdr. Mark Bevens of the Kings County Sheriff’s Office in a recent interview.\u003c/p>\n\u003cp>Bevens was not directly involved in the shooting or investigation, although he works in the same agency as the officers who were involved. He agreed that some of the less lethal options the officers had considered, like using a taser, would not have made sense tactically.\u003c/p>\n\u003cp>“You’d have to leave a position of cover to use it, you’d have to get in close, and in doing so, you’d have to put your gun away,” he said.\u003c/p>\n\u003cp>The district attorney’s office concluded that Castro had shot and killed his girlfriend, Danielle Dever. Bevens added that the gun Castro used to shoot at officers was the same gun used to kill Dever.\u003c/p>\n\u003cp>We were unable to identify living family members of Castro to contact for this story.\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The Antioch Police Department fired a veteran detective in 2017 for “reprehensible conduct” that included allegedly leaking information to drug dealers, stealing evidence and falsifying time records, according to records released Monday.\u003c/p>\n\u003cp>Sgt. Santiago Castillo was given a termination notice in November 2017 and later resigned, according to the documents made public under the state’s new police transparency law, Senate Bill 1421.\u003c/p>\n\u003cp>“Your reprehensible conduct seriously jeopardized the credibility of this department as an effective law enforcement agency,” Antioch Police Chief Tammany Brooks wrote to Castillo. “I find that your conduct was egregious.”\u003c/p>\n\u003cp>According to news accounts, Castillo investigated several homicides between 2012 and 2015. He was part of the department’s violent crime unit in its investigative bureau.\u003c/p>\n\u003cp>State records show Castillo joined the department in 1998 and was promoted to sergeant in 2002.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Other officers were concerned about Castillo’s conduct for years, according to the records.\u003c/p>\n\u003cp>“Castillo had been suspected or sharing sensitive and confidential police information with people in the criminal element as far back as 2010,” an internal affairs investigator wrote in a report. The detective had a “significant measure of influence over this organization,” but “that trust has been waning in recent years.”\u003c/p>\n\u003cp>[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>Investigators found that Castillo told drug dealers that police were watching them. When confronted over wrongdoing, Castillo wasn’t credible in his answers, the investigator wrote. In one instance, the detective claimed he thought someone who came to a barbecue at his house wasn’t a gang member or drug dealer “despite the fact that (the person) was covered in gang tattoos, including a gang moniker.”\u003c/p>\n\u003cp>Castillo told investigators that he sometimes told criminals things “to scare them,” but denied providing sensitive information to them.\u003c/p>\n\u003cp>Investigators also found that Castillo put in for overtime he didn’t work, and he sometimes called in sick without putting in for sick time.\u003c/p>\n\u003cp>He was also found to have stolen a power drill from the department’s evidence room.\u003c/p>\n\u003cp>The Police Department also released some records on fatal police shootings and use of force incidents, but did not include the documents showing the outcome of the internal investigations.\u003c/p>\n\u003cp>For example, Antioch released partial records on four fatal police shootings between 2011 and last year, when a detective shot and killed a suspect who had an Airsoft BB gun, but did not include the outcome of the department’s investigation.\u003c/p>\n\u003cp>The department also released partial records on the 2016 suffocation death Wendell Celestine, 37, after Corporal Mike Mortimer put him in a sleeper hold. Those records did not include any administrative documents indicating the outcome of the department’s use of force investigation of Celestine’s death.\u003c/p>\n\u003cp>Antioch’s police union sued the city in January to block the release of the records, claiming the new law didn’t cover records created before Jan. 1. Several other Contra Costa law enforcement groups did the same.\u003c/p>\n\u003cp>But Contra Costa Superior Court Judge Charles Treat ruled the law requires the public release of older records, a position taken by other judges around the state and the First District Court of Appeal in a published decision. Several police unions have dropped similar claims in recent weeks around California.\u003c/p>\n\u003cp>\u003cem>Sukey Lewis and Alex Emslie of KQED News contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Antioch Police Department fired a veteran detective in 2017 for “reprehensible conduct” that included allegedly leaking information to drug dealers, stealing evidence and falsifying time records, according to records released Monday.\u003c/p>\n\u003cp>Sgt. Santiago Castillo was given a termination notice in November 2017 and later resigned, according to the documents made public under the state’s new police transparency law, Senate Bill 1421.\u003c/p>\n\u003cp>“Your reprehensible conduct seriously jeopardized the credibility of this department as an effective law enforcement agency,” Antioch Police Chief Tammany Brooks wrote to Castillo. “I find that your conduct was egregious.”\u003c/p>\n\u003cp>According to news accounts, Castillo investigated several homicides between 2012 and 2015. He was part of the department’s violent crime unit in its investigative bureau.\u003c/p>\n\u003cp>State records show Castillo joined the department in 1998 and was promoted to sergeant in 2002.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Other officers were concerned about Castillo’s conduct for years, according to the records.\u003c/p>\n\u003cp>“Castillo had been suspected or sharing sensitive and confidential police information with people in the criminal element as far back as 2010,” an internal affairs investigator wrote in a report. The detective had a “significant measure of influence over this organization,” but “that trust has been waning in recent years.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Investigators found that Castillo told drug dealers that police were watching them. When confronted over wrongdoing, Castillo wasn’t credible in his answers, the investigator wrote. In one instance, the detective claimed he thought someone who came to a barbecue at his house wasn’t a gang member or drug dealer “despite the fact that (the person) was covered in gang tattoos, including a gang moniker.”\u003c/p>\n\u003cp>Castillo told investigators that he sometimes told criminals things “to scare them,” but denied providing sensitive information to them.\u003c/p>\n\u003cp>Investigators also found that Castillo put in for overtime he didn’t work, and he sometimes called in sick without putting in for sick time.\u003c/p>\n\u003cp>He was also found to have stolen a power drill from the department’s evidence room.\u003c/p>\n\u003cp>The Police Department also released some records on fatal police shootings and use of force incidents, but did not include the documents showing the outcome of the internal investigations.\u003c/p>\n\u003cp>For example, Antioch released partial records on four fatal police shootings between 2011 and last year, when a detective shot and killed a suspect who had an Airsoft BB gun, but did not include the outcome of the department’s investigation.\u003c/p>\n\u003cp>The department also released partial records on the 2016 suffocation death Wendell Celestine, 37, after Corporal Mike Mortimer put him in a sleeper hold. Those records did not include any administrative documents indicating the outcome of the department’s use of force investigation of Celestine’s death.\u003c/p>\n\u003cp>Antioch’s police union sued the city in January to block the release of the records, claiming the new law didn’t cover records created before Jan. 1. Several other Contra Costa law enforcement groups did the same.\u003c/p>\n\u003cp>But Contra Costa Superior Court Judge Charles Treat ruled the law requires the public release of older records, a position taken by other judges around the state and the First District Court of Appeal in a published decision. Several police unions have dropped similar claims in recent weeks around California.\u003c/p>\n\u003cp>\u003cem>Sukey Lewis and Alex Emslie of KQED News contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "A Decade of Implications at Stake, Supreme Court Hears Census Citizenship Question",
"title": "A Decade of Implications at Stake, Supreme Court Hears Census Citizenship Question",
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"content": "\u003cp>The U.S. Supreme Court is set to hear oral arguments Tuesday in a \u003ca href=\"https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public18-966.html\">legal battle\u003c/a> with lasting implications that could dramatically affect political representation and federal funding over the next decade. The justices are weighing whether to allow the Trump administration to add \u003ca href=\"https://apps.npr.org/documents/document.html?id=4426784-Planned-Questions-2020-Acs#document/p11/a414610\">a question about U.S. citizenship status\u003c/a> to forms for the upcoming 2020 census.\u003c/p>\n\u003cp>[aside postID='news_11726656,news_11720059' label='More Coverage of Citizenship Status and the U.S. Census']\u003c/p>\n\u003cp>In \u003ca href=\"https://www.npr.org/2018/11/04/661932989/how-the-2020-census-citizenship-question-ended-up-in-court\">multiple lawsuits brought by dozens of states, cities and other groups\u003c/a>, three federal judges at U.S. district courts have issued \u003ca href=\"https://www.npr.org/2019/04/05/700982993/trump-administrations-census-citizenship-question-plans-halted-by-third-judge\">rulings blocking the administration's plans for the question\u003c/a>. It asks, \"Is this person a citizen of the United States?\"\u003c/p>\n\u003cp>All three judges — in New York, California and Maryland — ruled that Commerce Secretary Wilbur Ross' decision to include the question violated procedures for adding new census questions under administrative law. The judges in California and Maryland have also ruled that adding the question is unconstitutional because it hurts the government's ability to carry out the constitutional mandate for a once-a-decade head count of every person living in the U.S.\u003c/p>\n\u003cp>\u003cstrong>Unclear motivation behind the question\u003c/strong>\u003c/p>\n\u003cp>Population counts from the 2020 census will determine how many congressional seats and Electoral College votes each state gets for the next decade. The data also guide the distribution of \u003ca href=\"https://gwipp.gwu.edu/sites/g/files/zaxdzs2181/f/downloads/Counting%20for%20Dollars%20%234%20Census-derived%20Datasets.pdf\">an estimated $880 billion a year in federal funding\u003c/a> for schools, roads and other public services. \u003c/p>\n\u003cp>\"This is not benign information,\" says Hermann Habermann, a former deputy director at the Census Bureau. \"People's lives are going to be affected by it.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Trump administration has maintained that Ross, who oversees the Census Bureau, added the question to collect more detailed citizenship data to enforce part of the Voting Rights Act. The district court judges, however, have all concluded that was not the real reason for the administration's last-minute push for the question.\u003c/p>\n\u003cp>\"We've had the Voting Rights Act for 50 years,\" says Andrew Pincus, an attorney representing former Census Bureau directors who have filed \u003ca href=\"https://www.supremecourt.gov/DocketPDF/18/18-966/95014/20190401170915326_18-966.bsac.pdf\">a brief in the Supreme Court\u003c/a>. \"For its entire life, this data has not been available, and the Voting Rights Act has been enforced.\"\u003c/p>\n\u003cp>In fact, six of the bureau's former directors, who have served under both Democratic and Republican administrations, have warned that adding the citizenship question would jeopardize the accuracy of the population count.\u003c/p>\n\u003cp>\"The issue isn't whether or not the administration or the United States has a right to know how many citizens are there,\" Habermann says. \"The issue is what's the best way to get that piece of information so that you do not harm the census.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Hermann Habermann, a former deputy director at the Census Bureau']'This is not benign information. People's lives are going to be affected by it.'[/pullquote]\u003c/p>\n\u003cp>In the current political climate, \u003ca href=\"https://apps.npr.org/documents/document.html?id=4797159-Understanding-the-Quality-of-Alternative\">Census Bureau research\u003c/a> indicates the question is likely to discourage households with noncitizens, including unauthorized immigrants, from taking part in the count. The bureau estimates 6.5 million people will not respond to the 2020 census themselves if a citizenship question is included. That estimate may climb higher after the agency conducts its \u003ca href=\"https://www.npr.org/2018/12/06/674107748/census-bureau-to-test-how-controversial-citizenship-question-affects-responses\">first field test of the question on a 2020 census form\u003c/a> beginning in June.\u003c/p>\n\u003cp>Still, Ross overruled the unanimous advice of experts at the Census Bureau, who recommended compiling existing government records on citizenship from other federal agencies rather than adding a citizenship question. He later testified repeatedly before Congress that he added the question only because the Justice Department wanted it on the census form.\u003c/p>\n\u003cp>The litigation uncovered emails from Ross and other Commerce Department officials showing the idea for adding the citizenship question had roots not in the Justice Department, as Ross testified in Congress, but in discussions between Ross, former White House chief strategist Steve Bannon and former Kansas Secretary of State Kris Kobach, who helped lead President Trump's now-defunct voter fraud commission.\u003c/p>\n\u003cp>The emails also show that despite repeated entreaties, Justice Department officials refused at first to ask for the addition of the question, saying that it was unnecessary.\u003c/p>\n\u003cp>\u003cstrong>The limits of Ross' discretion\u003c/strong>\u003c/p>\n\u003cp>The Trump administration does have the support of 17 Republican-controlled states, including Oklahoma. That state's solicitor general, Mithun Mansinghani, notes that attorneys at the Justice Department, which is representing the administration, are arguing that the courts do not have the authority to second-guess the commerce secretary's decision about the census.\u003c/p>\n\u003cp>\"The question is, does the secretary have the discretion to weigh the costs and benefits between asking a citizenship question and not asking one? And the department maintains he does have that discretion,\" Mansinghani says.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Mithun Mansinghani, Oaklahoma solicitor general']'The question is, does the secretary have the discretion to weigh the costs and benefits between asking a citizenship question and not asking one? And the department maintains he does have that discretion.'[/pullquote]\u003c/p>\n\u003cp>But Ross' discretion is not unlimited, argues New York State Attorney General Letitia James. Her office represented plaintiffs in one of the lawsuits at the New York district court under her predecessor.\u003c/p>\n\u003cp>\"He has a constitutional and a statutory obligation to pursue an accurate count. And the record is clear, that by including the citizenship question, it would result in an inaccurate count,\" James says.\u003c/p>\n\u003cp>The administration contends that all it has to show is that Ross made a rational decision. The lower courts found that the decision, in fact, was not rational, but arbitrary.\u003c/p>\n\u003cp>\u003cstrong>The path to the Supreme Court\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court is reviewing the ruling by U.S. District Judge Jesse Furman in New York — as well as whether adding the question is constitutional — in an expedited and complicated case.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Letitia James, New York State attorney general']'He has a constitutional and a statutory obligation to pursue an accurate count. And the record is clear, that by including the citizenship question, it would result in an inaccurate count.'[/pullquote]\u003c/p>\n\u003cp>It appears that \u003ca href=\"https://www.npr.org/2018/09/12/646936577/trump-officials-prepared-for-supreme-court-fight-over-census-question\">Trump administration officials have long been preparing for\u003c/a> the case.\u003c/p>\n\u003cp>\"Since this issue will go to the Supreme Court we need to be diligent in preparing the administrative record,\" a Commerce Department official wrote to Ross in \u003ca href=\"https://apps.npr.org/documents/document.html?id=4872562-2018-09-11-Letter-Response#document/p40/a453277\">an internal email\u003c/a> about the citizenship question sent in August 2017, months before the administration's formal request for the question became public.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2019/02/15/692656180/supreme-court-to-decide-if-2020-census-includes-citizenship-question\">The justices decided in February\u003c/a> to take on a sped-up review of Furman's ruling after receiving an unusual request from the Trump administration to not wait for the 2nd U.S. Circuit Court of Appeals to review the administration's appeal.\u003c/p>\n\u003cp>A week before the first courtroom trial was scheduled to begin in November in New York, the administration's attorneys asked the high court to delay the proceedings.\u003cem>\u003cstrong> \u003c/strong>\u003c/em>The administration wanted the justices to first rule on its separate appeal of Furman's order for Ross to sit for questioning under oath by the plaintiffs' attorneys. The Supreme Court ultimately \u003ca href=\"https://www.npr.org/2018/10/29/659992651/trump-administration-asks-supreme-court-to-delay-census-citizenship-question-tri\">denied that emergency request\u003c/a>, with Justice Clarence Thomas, Justice Samuel Alito and Justice Neil Gorsuch dissenting from the majority vote.\u003c/p>\n\u003cp>Ross' deposition has been temporarily blocked by the high court. All of the justices are still considering whether to allow it to proceed.\u003c/p>\n\u003cp>Gorsuch and Thomas have indicated that they are not convinced there was enough evidence of \"bad faith\" to justify allowing the plaintiffs' attorneys to question Ross.\u003c/p>\n\u003cp>\"There's nothing unusual about a new cabinet secretary coming to office inclined to favor a different policy direction, soliciting support from other agencies to bolster his views, disagreeing with staff, or cutting through red tape,\" Gorsuch wrote \u003ca href=\"https://apps.npr.org/documents/document.html?id=5015737-18A375-in-Re-Department-of-Commerce\">in an opinion released in October\u003c/a> for Thomas and himself.\u003c/p>\n\u003cp>\u003ca href=\"https://apps.npr.org/documents/document.html?id=5021574-Oct-26-2018-Opinion-and-Order-From-U-S-District\">Furman said \u003c/a>he ordered Ross' deposition mainly because he \"found reason to believe that Secretary Ross had provided false explanations of his reasons for, and the genesis of, the citizenship question.\"\u003c/p>\n\u003cp>\u003cstrong>Looming deadlines\u003c/strong>\u003c/p>\n\u003cp>Tuesday's oral arguments are scheduled to last 80 minutes, including time for the general counsel of the U.S. House of Representatives to argue against the question as a friend of the court in support of the lawsuits' plaintiffs.\u003c/p>\n\u003cp>The Census Bureau says it needs a final ruling on whether to include a citizenship question by June in order for the printing of paper forms for the census to begin this summer as scheduled. But \u003ca href=\"https://www.npr.org/2019/04/17/713762546/appeal-to-census-lawsuit-ruling-adds-uncertainty-to-citizenship-questions-fate\">a recent 4th Circuit appeal by plaintiffs in one of the Maryland lawsuits, who are challenging a ruling on a racial discrimination claim\u003c/a>, could complicate the timeline.\u003c/p>\n\u003cp>If Congress provided additional funding, the bureau could extend its June deadline for finalizing census forms to as late as Oct. 31, the bureau's chief scientist \u003ca href=\"https://twitter.com/hansilowang/status/1090642712699662337%20\">testified during the New York trial\u003c/a>.\u003c/p>\n\u003cp>That would, however, put yet more pressure on the head count, which is set to officially begin in January 2020 in remote Alaska before rolling out to the rest of the country by April. \u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court is set to hear oral arguments Tuesday in a \u003ca href=\"https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public18-966.html\">legal battle\u003c/a> with lasting implications that could dramatically affect political representation and federal funding over the next decade. The justices are weighing whether to allow the Trump administration to add \u003ca href=\"https://apps.npr.org/documents/document.html?id=4426784-Planned-Questions-2020-Acs#document/p11/a414610\">a question about U.S. citizenship status\u003c/a> to forms for the upcoming 2020 census.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In \u003ca href=\"https://www.npr.org/2018/11/04/661932989/how-the-2020-census-citizenship-question-ended-up-in-court\">multiple lawsuits brought by dozens of states, cities and other groups\u003c/a>, three federal judges at U.S. district courts have issued \u003ca href=\"https://www.npr.org/2019/04/05/700982993/trump-administrations-census-citizenship-question-plans-halted-by-third-judge\">rulings blocking the administration's plans for the question\u003c/a>. It asks, \"Is this person a citizen of the United States?\"\u003c/p>\n\u003cp>All three judges — in New York, California and Maryland — ruled that Commerce Secretary Wilbur Ross' decision to include the question violated procedures for adding new census questions under administrative law. The judges in California and Maryland have also ruled that adding the question is unconstitutional because it hurts the government's ability to carry out the constitutional mandate for a once-a-decade head count of every person living in the U.S.\u003c/p>\n\u003cp>\u003cstrong>Unclear motivation behind the question\u003c/strong>\u003c/p>\n\u003cp>Population counts from the 2020 census will determine how many congressional seats and Electoral College votes each state gets for the next decade. The data also guide the distribution of \u003ca href=\"https://gwipp.gwu.edu/sites/g/files/zaxdzs2181/f/downloads/Counting%20for%20Dollars%20%234%20Census-derived%20Datasets.pdf\">an estimated $880 billion a year in federal funding\u003c/a> for schools, roads and other public services. \u003c/p>\n\u003cp>\"This is not benign information,\" says Hermann Habermann, a former deputy director at the Census Bureau. \"People's lives are going to be affected by it.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Trump administration has maintained that Ross, who oversees the Census Bureau, added the question to collect more detailed citizenship data to enforce part of the Voting Rights Act. The district court judges, however, have all concluded that was not the real reason for the administration's last-minute push for the question.\u003c/p>\n\u003cp>\"We've had the Voting Rights Act for 50 years,\" says Andrew Pincus, an attorney representing former Census Bureau directors who have filed \u003ca href=\"https://www.supremecourt.gov/DocketPDF/18/18-966/95014/20190401170915326_18-966.bsac.pdf\">a brief in the Supreme Court\u003c/a>. \"For its entire life, this data has not been available, and the Voting Rights Act has been enforced.\"\u003c/p>\n\u003cp>In fact, six of the bureau's former directors, who have served under both Democratic and Republican administrations, have warned that adding the citizenship question would jeopardize the accuracy of the population count.\u003c/p>\n\u003cp>\"The issue isn't whether or not the administration or the United States has a right to know how many citizens are there,\" Habermann says. \"The issue is what's the best way to get that piece of information so that you do not harm the census.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the current political climate, \u003ca href=\"https://apps.npr.org/documents/document.html?id=4797159-Understanding-the-Quality-of-Alternative\">Census Bureau research\u003c/a> indicates the question is likely to discourage households with noncitizens, including unauthorized immigrants, from taking part in the count. The bureau estimates 6.5 million people will not respond to the 2020 census themselves if a citizenship question is included. That estimate may climb higher after the agency conducts its \u003ca href=\"https://www.npr.org/2018/12/06/674107748/census-bureau-to-test-how-controversial-citizenship-question-affects-responses\">first field test of the question on a 2020 census form\u003c/a> beginning in June.\u003c/p>\n\u003cp>Still, Ross overruled the unanimous advice of experts at the Census Bureau, who recommended compiling existing government records on citizenship from other federal agencies rather than adding a citizenship question. He later testified repeatedly before Congress that he added the question only because the Justice Department wanted it on the census form.\u003c/p>\n\u003cp>The litigation uncovered emails from Ross and other Commerce Department officials showing the idea for adding the citizenship question had roots not in the Justice Department, as Ross testified in Congress, but in discussions between Ross, former White House chief strategist Steve Bannon and former Kansas Secretary of State Kris Kobach, who helped lead President Trump's now-defunct voter fraud commission.\u003c/p>\n\u003cp>The emails also show that despite repeated entreaties, Justice Department officials refused at first to ask for the addition of the question, saying that it was unnecessary.\u003c/p>\n\u003cp>\u003cstrong>The limits of Ross' discretion\u003c/strong>\u003c/p>\n\u003cp>The Trump administration does have the support of 17 Republican-controlled states, including Oklahoma. That state's solicitor general, Mithun Mansinghani, notes that attorneys at the Justice Department, which is representing the administration, are arguing that the courts do not have the authority to second-guess the commerce secretary's decision about the census.\u003c/p>\n\u003cp>\"The question is, does the secretary have the discretion to weigh the costs and benefits between asking a citizenship question and not asking one? And the department maintains he does have that discretion,\" Mansinghani says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Ross' discretion is not unlimited, argues New York State Attorney General Letitia James. Her office represented plaintiffs in one of the lawsuits at the New York district court under her predecessor.\u003c/p>\n\u003cp>\"He has a constitutional and a statutory obligation to pursue an accurate count. And the record is clear, that by including the citizenship question, it would result in an inaccurate count,\" James says.\u003c/p>\n\u003cp>The administration contends that all it has to show is that Ross made a rational decision. The lower courts found that the decision, in fact, was not rational, but arbitrary.\u003c/p>\n\u003cp>\u003cstrong>The path to the Supreme Court\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court is reviewing the ruling by U.S. District Judge Jesse Furman in New York — as well as whether adding the question is constitutional — in an expedited and complicated case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It appears that \u003ca href=\"https://www.npr.org/2018/09/12/646936577/trump-officials-prepared-for-supreme-court-fight-over-census-question\">Trump administration officials have long been preparing for\u003c/a> the case.\u003c/p>\n\u003cp>\"Since this issue will go to the Supreme Court we need to be diligent in preparing the administrative record,\" a Commerce Department official wrote to Ross in \u003ca href=\"https://apps.npr.org/documents/document.html?id=4872562-2018-09-11-Letter-Response#document/p40/a453277\">an internal email\u003c/a> about the citizenship question sent in August 2017, months before the administration's formal request for the question became public.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2019/02/15/692656180/supreme-court-to-decide-if-2020-census-includes-citizenship-question\">The justices decided in February\u003c/a> to take on a sped-up review of Furman's ruling after receiving an unusual request from the Trump administration to not wait for the 2nd U.S. Circuit Court of Appeals to review the administration's appeal.\u003c/p>\n\u003cp>A week before the first courtroom trial was scheduled to begin in November in New York, the administration's attorneys asked the high court to delay the proceedings.\u003cem>\u003cstrong> \u003c/strong>\u003c/em>The administration wanted the justices to first rule on its separate appeal of Furman's order for Ross to sit for questioning under oath by the plaintiffs' attorneys. The Supreme Court ultimately \u003ca href=\"https://www.npr.org/2018/10/29/659992651/trump-administration-asks-supreme-court-to-delay-census-citizenship-question-tri\">denied that emergency request\u003c/a>, with Justice Clarence Thomas, Justice Samuel Alito and Justice Neil Gorsuch dissenting from the majority vote.\u003c/p>\n\u003cp>Ross' deposition has been temporarily blocked by the high court. All of the justices are still considering whether to allow it to proceed.\u003c/p>\n\u003cp>Gorsuch and Thomas have indicated that they are not convinced there was enough evidence of \"bad faith\" to justify allowing the plaintiffs' attorneys to question Ross.\u003c/p>\n\u003cp>\"There's nothing unusual about a new cabinet secretary coming to office inclined to favor a different policy direction, soliciting support from other agencies to bolster his views, disagreeing with staff, or cutting through red tape,\" Gorsuch wrote \u003ca href=\"https://apps.npr.org/documents/document.html?id=5015737-18A375-in-Re-Department-of-Commerce\">in an opinion released in October\u003c/a> for Thomas and himself.\u003c/p>\n\u003cp>\u003ca href=\"https://apps.npr.org/documents/document.html?id=5021574-Oct-26-2018-Opinion-and-Order-From-U-S-District\">Furman said \u003c/a>he ordered Ross' deposition mainly because he \"found reason to believe that Secretary Ross had provided false explanations of his reasons for, and the genesis of, the citizenship question.\"\u003c/p>\n\u003cp>\u003cstrong>Looming deadlines\u003c/strong>\u003c/p>\n\u003cp>Tuesday's oral arguments are scheduled to last 80 minutes, including time for the general counsel of the U.S. House of Representatives to argue against the question as a friend of the court in support of the lawsuits' plaintiffs.\u003c/p>\n\u003cp>The Census Bureau says it needs a final ruling on whether to include a citizenship question by June in order for the printing of paper forms for the census to begin this summer as scheduled. But \u003ca href=\"https://www.npr.org/2019/04/17/713762546/appeal-to-census-lawsuit-ruling-adds-uncertainty-to-citizenship-questions-fate\">a recent 4th Circuit appeal by plaintiffs in one of the Maryland lawsuits, who are challenging a ruling on a racial discrimination claim\u003c/a>, could complicate the timeline.\u003c/p>\n\u003cp>If Congress provided additional funding, the bureau could extend its June deadline for finalizing census forms to as late as Oct. 31, the bureau's chief scientist \u003ca href=\"https://twitter.com/hansilowang/status/1090642712699662337%20\">testified during the New York trial\u003c/a>.\u003c/p>\n\u003cp>That would, however, put yet more pressure on the head count, which is set to officially begin in January 2020 in remote Alaska before rolling out to the rest of the country by April. \u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Mentally Ill Man Charged Menlo Park Police With a Knife But Officers Didn’t Shoot Him",
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"content": "\u003cp>It went from a tense calm to near-deadly chaos in seconds.\u003c/p>\n\u003cp>Video and other records from a 2017 arrest released by the Menlo Park Police Department under California’s new transparency law expose a set of factors present in many fatal police shootings: a person in psychiatric crisis with a knife running toward police and an officer yelling, “Shoot him!”\u003c/p>\n\u003cp>But this time, the police didn’t shoot, and the suspect survived.\u003c/p>\n\u003cp>He lived to face attempted murder charges and eventually a prison sentence of more than seven years.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>‘I Got Him!’\u003c/strong>\u003c/p>\n\u003cp>Three Menlo Park police officers waited outside the Stanford Park Hotel, on El Camino Real just north of the university, according to records and video. It was a few minutes before 3 a.m. on March 20, 2017. A manager had called to report a member of the overnight cleaning crew was in psychiatric distress, holding a knife and threatening to hurt himself.\u003c/p>\n\u003cp>Menlo Park police Cpl. Dennis Weber and Officers Galen Fliege and Allen Swanson decided to wait for a Spanish-speaking officer to arrive.\u003c/p>\n\u003cp>A man translating for other employees standing in the parking lot told the officers that the man in the kitchen, later identified as Silverio Posada, was suffering from mental illness. The translator said he hoped the officers could help get Posada out of the kitchen and “get him the proper help so something bad doesn’t happen.”\u003c/p>\n\u003cp>But Posada suddenly emerged from the building with a large chef’s knife in his hand. He can be seen striding toward the officers on surveillance video.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=QbOBLdZkPws&feature=youtu.be\u003c/p>\n\u003cp>The police told him to stop, and Swanson fired a 40 mm “rubber bullet” into Posada’s chest, breaking two ribs. Then Posada charged.\u003c/p>\n\u003cp>Swanson wrote in a police report that he believed one of the other two officers may have drawn a handgun to cover him.\u003c/p>\n\u003cp>“I yelled out, ‘Shoot him! Shoot him! Shoot him!’ as loud as I could,” Swanson wrote. He said he dove to the ground, bracing “to be stabbed in the right side of my body.”\u003c/p>\n\u003cp>But neither of those things happened.\u003c/p>\n\u003cp>In that instant, Fliege and Weber both fired Tasers. One of their shots stuck two electric-shock probes into Posada’s right forearm. He can be seen on surveillance video slamming face first to the ground.\u003c/p>\n\u003cp>“I got him, I got him, I got him!” Weber said, apparently in response to Swanson’s call to open fire. All three officers wrestled Posada into handcuffs, shocking him at least one more time in the process.\u003c/p>\n\u003cp>\"The poise, courage and professionalism by those three officers was unbelievable, remarkable,\" Police Chief Dave Bertini said in an interview Monday. Shooting a suspect \"is not something any of us want to do. So when we're able to do so little damage to somebody who is trying to kill us, and bring them down and bring them into custody, it is a win for everybody. It's a win for society, actually.\"\u003cbr>\n[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003cbr>\nSan Mateo County District Attorney Steve Wagstaffe said in an interview Saturday that if the officers had chosen to shoot Posada, it could very well have been legally justified under California law. He said he knows Tasers were involved in three deaths in the county last year, but in this case the devices may have saved a life.\u003c/p>\n\u003cp>“If these officers did not have that intermediary force of a Taser or some other device available for them, no question in these circumstances they would have gone to the firearm and Mr. Posada would have lost his life,” Wagstaffe said. “Instead, Mr. Posada has his life.”\u003c/p>\n\u003cp>\u003cstrong>Attempted Murder Charge\u003c/strong>\u003c/p>\n\u003cp>A witness appearing to be Posada’s brother but whose identity was redacted in the records told another officer that Posada was diagnosed with schizophrenia and had recently been refusing to take medication.\u003c/p>\n\u003cp>The witness said that Posada would stand guard outside his bedroom door “believing someone is out to hurt him,” according to a police report. The symptoms had worsened the morning of March 20, 2017, and the witness said family members had planned to seek medical help for Posada after their work shifts ended.\u003c/p>\n\u003cp>In an interview recorded on body camera later that morning, Posada told a deputy translating for Fliege that he heard voices that told him people were coming to kill his brother, who also worked at the hotel and was talking with police when they first arrived.\u003c/p>\n\u003cp>“So, he saw that we were talking with his brother and he thought we were going to harm his brother?” Fliege asked. “So he decided he was going to protect his brother, and did he want to kill us?”\u003c/p>\n\u003cp>“Yes,” Posada answered in Spanish.\u003c/p>\n\u003cp>“You wanted to kill us? All three of us?” Fliege asked Posada.\u003c/p>\n\u003cp>“Yes, everyone,” Posada said in Spanish.\u003c/p>\n\u003cp>He was charged with attempted murder and three felony counts of assaulting a peace officer.\u003c/p>\n\u003cp>Posada’s defense attorney initially argued he wasn’t competent to stand trial, according to court records. Two doctors who examined him disagreed, and a third judged him able to face charges.\u003c/p>\n\u003cp>His defense attorneys did not respond to a request for comment.\u003c/p>\n\u003cp>Wagstaffe said Posada’s illness weighed heavily on the case and ultimately led to dropping the attempted murder charge.\u003c/p>\n\u003cp>“He believed these officers were the ones that the voices had warned him were there to kill his brother,” Wagstaffe said. “And so in his state of mind, he was acting in a sense in the defense of a third person.”\u003c/p>\n\u003cp>He said a jury may have found that Posada didn’t understand the consequences of his actions.\u003c/p>\n\u003cp>The case was ultimately settled with a plea deal. Posada pleaded no contest to three felony assault charges. He was sentenced to seven years, eight months in prison. He’s currently at the Substance Abuse Treatment Facility at Corcoran State Prison and will be eligible for parole in March 2020, according to state prison records.\u003c/p>\n\u003cp>That Menlo Park officers were able to avoid a fatal shooting was “the best possible outcome,” said John Snook, executive director of the national Treatment Advocacy Center. But he added that a lengthy prison sentence wouldn’t likely help Posada.\u003c/p>\n\u003cp>“The absolute worst way to provide mental illness care is in a jail cell,” Snook said. “Barring a miracle that I have almost never seen, there is almost no chance that things are not going to be much worse upon his release.”\u003c/p>\n\u003cp>\u003cem>Sukey Lewis of KQED News and Thomas Peele of the Bay Area News Group contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>‘I Got Him!’\u003c/strong>\u003c/p>\n\u003cp>Three Menlo Park police officers waited outside the Stanford Park Hotel, on El Camino Real just north of the university, according to records and video. It was a few minutes before 3 a.m. on March 20, 2017. A manager had called to report a member of the overnight cleaning crew was in psychiatric distress, holding a knife and threatening to hurt himself.\u003c/p>\n\u003cp>Menlo Park police Cpl. Dennis Weber and Officers Galen Fliege and Allen Swanson decided to wait for a Spanish-speaking officer to arrive.\u003c/p>\n\u003cp>A man translating for other employees standing in the parking lot told the officers that the man in the kitchen, later identified as Silverio Posada, was suffering from mental illness. The translator said he hoped the officers could help get Posada out of the kitchen and “get him the proper help so something bad doesn’t happen.”\u003c/p>\n\u003cp>But Posada suddenly emerged from the building with a large chef’s knife in his hand. He can be seen striding toward the officers on surveillance video.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/QbOBLdZkPws'\n title='//www.youtube.com/embed/QbOBLdZkPws'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The police told him to stop, and Swanson fired a 40 mm “rubber bullet” into Posada’s chest, breaking two ribs. Then Posada charged.\u003c/p>\n\u003cp>Swanson wrote in a police report that he believed one of the other two officers may have drawn a handgun to cover him.\u003c/p>\n\u003cp>“I yelled out, ‘Shoot him! Shoot him! Shoot him!’ as loud as I could,” Swanson wrote. He said he dove to the ground, bracing “to be stabbed in the right side of my body.”\u003c/p>\n\u003cp>But neither of those things happened.\u003c/p>\n\u003cp>In that instant, Fliege and Weber both fired Tasers. One of their shots stuck two electric-shock probes into Posada’s right forearm. He can be seen on surveillance video slamming face first to the ground.\u003c/p>\n\u003cp>“I got him, I got him, I got him!” Weber said, apparently in response to Swanson’s call to open fire. All three officers wrestled Posada into handcuffs, shocking him at least one more time in the process.\u003c/p>\n\u003cp>\"The poise, courage and professionalism by those three officers was unbelievable, remarkable,\" Police Chief Dave Bertini said in an interview Monday. Shooting a suspect \"is not something any of us want to do. So when we're able to do so little damage to somebody who is trying to kill us, and bring them down and bring them into custody, it is a win for everybody. It's a win for society, actually.\"\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nSan Mateo County District Attorney Steve Wagstaffe said in an interview Saturday that if the officers had chosen to shoot Posada, it could very well have been legally justified under California law. He said he knows Tasers were involved in three deaths in the county last year, but in this case the devices may have saved a life.\u003c/p>\n\u003cp>“If these officers did not have that intermediary force of a Taser or some other device available for them, no question in these circumstances they would have gone to the firearm and Mr. Posada would have lost his life,” Wagstaffe said. “Instead, Mr. Posada has his life.”\u003c/p>\n\u003cp>\u003cstrong>Attempted Murder Charge\u003c/strong>\u003c/p>\n\u003cp>A witness appearing to be Posada’s brother but whose identity was redacted in the records told another officer that Posada was diagnosed with schizophrenia and had recently been refusing to take medication.\u003c/p>\n\u003cp>The witness said that Posada would stand guard outside his bedroom door “believing someone is out to hurt him,” according to a police report. The symptoms had worsened the morning of March 20, 2017, and the witness said family members had planned to seek medical help for Posada after their work shifts ended.\u003c/p>\n\u003cp>In an interview recorded on body camera later that morning, Posada told a deputy translating for Fliege that he heard voices that told him people were coming to kill his brother, who also worked at the hotel and was talking with police when they first arrived.\u003c/p>\n\u003cp>“So, he saw that we were talking with his brother and he thought we were going to harm his brother?” Fliege asked. “So he decided he was going to protect his brother, and did he want to kill us?”\u003c/p>\n\u003cp>“Yes,” Posada answered in Spanish.\u003c/p>\n\u003cp>“You wanted to kill us? All three of us?” Fliege asked Posada.\u003c/p>\n\u003cp>“Yes, everyone,” Posada said in Spanish.\u003c/p>\n\u003cp>He was charged with attempted murder and three felony counts of assaulting a peace officer.\u003c/p>\n\u003cp>Posada’s defense attorney initially argued he wasn’t competent to stand trial, according to court records. Two doctors who examined him disagreed, and a third judged him able to face charges.\u003c/p>\n\u003cp>His defense attorneys did not respond to a request for comment.\u003c/p>\n\u003cp>Wagstaffe said Posada’s illness weighed heavily on the case and ultimately led to dropping the attempted murder charge.\u003c/p>\n\u003cp>“He believed these officers were the ones that the voices had warned him were there to kill his brother,” Wagstaffe said. “And so in his state of mind, he was acting in a sense in the defense of a third person.”\u003c/p>\n\u003cp>He said a jury may have found that Posada didn’t understand the consequences of his actions.\u003c/p>\n\u003cp>The case was ultimately settled with a plea deal. Posada pleaded no contest to three felony assault charges. He was sentenced to seven years, eight months in prison. He’s currently at the Substance Abuse Treatment Facility at Corcoran State Prison and will be eligible for parole in March 2020, according to state prison records.\u003c/p>\n\u003cp>That Menlo Park officers were able to avoid a fatal shooting was “the best possible outcome,” said John Snook, executive director of the national Treatment Advocacy Center. But he added that a lengthy prison sentence wouldn’t likely help Posada.\u003c/p>\n\u003cp>“The absolute worst way to provide mental illness care is in a jail cell,” Snook said. “Barring a miracle that I have almost never seen, there is almost no chance that things are not going to be much worse upon his release.”\u003c/p>\n\u003cp>\u003cem>Sukey Lewis of KQED News and Thomas Peele of the Bay Area News Group contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Politicians, Boats, Bad Behavior: Sailing Into Trouble With America's Scandal Navy",
"title": "Politicians, Boats, Bad Behavior: Sailing Into Trouble With America's Scandal Navy",
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"content": "\u003cp>\u003cstrong>Updated Tuesday, April 23\u003c/strong>\u003c/p>\n\u003cp>[dropcap]R[/dropcap]ep. Devin Nunes, who decided earlier this month to \u003ca href=\"https://www.nytimes.com/2019/04/09/us/politics/devin-nunes-fresno-bee-lawsuit.html\" target=\"_blank\" rel=\"noopener noreferrer\">sue the parent company\u003c/a> of the Fresno Bee over \u003ca href=\"https://www.fresnobee.com/news/business/article210912434.html\" target=\"_blank\" rel=\"noopener noreferrer\">a story\u003c/a> that did \u003cem>not\u003c/em> allege he took part in a 2015 orgy aboard a yacht on San Francisco Bay, just helped us pinpoint the latest boat in America's Scandal Navy.\u003c/p>\n\u003cp>The nation's real Navy — the one with submarines and aircraft carriers and missiles and Tom Cruise pretending to be a pilot — has a heroic past conveyed by the names Bonhomme Richard, Constitution, Monitor and Missouri, and great engagements like the battles of Lake Erie, Mobile Bay and Midway.\u003c/p>\n\u003cp>The nation's Scandal Navy is short on armament but long on sordid episodes involving politicians whose careers have often intersected with yachts and various brands of impropriety. The roster of scandalcraft includes names like the Monkey Business, the Duke-Stir, the Sequoia and the Potomac. The engagements they were part of were more fit for the National Enquirer than the national Naval War College.\u003c/p>\n\u003cp>The latest addition to the flotilla — again, thanks to Congressman Nunes — is the Alpha Omega. That's \u003ca href=\"https://www.kqed.org/news/11740774/yachtcocaineprostitutes-boat-in-devin-nunes-lawsuit-is-for-sale-in-sausalito\" target=\"_blank\" rel=\"noopener noreferrer\">a 59-foot yacht\u003c/a> owned by the proprietor of St. Helena's Alpha Omega Winery, a close friend of Nunes who occasionally donates the craft for charity events.\u003c/p>\n\u003cfigure id=\"attachment_11740819\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/alpha-omega-yacht-e1555700286910.jpg\">\u003cimg class=\"size-medium wp-image-11740819\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/alpha-omega-yacht-800x600.jpg\" alt=\"The Alpha Omega, currently docked in Sausalito, is up for sale.\" width=\"400\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Alpha Omega, currently docked in Sausalito, is up for sale. \u003ccite>(Chloe Veltman/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Nunes announced earlier this month he had filed a \u003ca href=\"https://www.scribd.com/document/405513426/Complaint-4-8-19-Mcclatchy-2\" target=\"_blank\" rel=\"noopener noreferrer\">$150 million defamation lawsuit\u003c/a> against the McClatchy Co. over a story the Fresno Bee published last year. That piece recounted a \u003ca href=\"https://assets.documentcloud.org/documents/4461892/Arlene-Anase-v-Alpha-Omega-Winery-CA-Napa.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">suit\u003c/a> filed by a former Alpha Omega Winery employee who said she witnessed an orgy during a charity cruise aboard the yacht in 2015.\u003c/p>\n\u003cp>Nunes' connection to the episode, which allegedly involved a group of male guests using cocaine and consorting with possibly under-age prostitutes aboard the Alpha Omega, is that he has a small investment in the winery. Beyond Nunes' investment, there's no suggestion in the original lawsuit, or in the Bee's story, that he participated in the bay bacchanal.\u003c/p>\n\u003cp>That's a little disappointing, because the most illustrious craft in America's Scandal Navy have hosted our elected representatives doing things on board they'd never want their constituents or their wives to know about. But who knows? The Alpha Omega is \u003ca href=\"https://www.kqed.org/news/11740774/yachtcocaineprostitutes-boat-in-devin-nunes-lawsuit-is-for-sale-in-sausalito\" target=\"_blank\" rel=\"noopener noreferrer\">for sale\u003c/a>, and maybe some other member of Congress or the Legislature will get a chance to breach ethics, morals and/or federal, state and local laws during a voyage.\u003c/p>\n\u003cp>While we wait for that to happen, here are some other illustrious members of the Scandal Navy:\u003c/p>\n\u003ch3>The Monkey Business, 1987\u003c/h3>\n\u003cp>The Scandal Navy's honorary flagship. If you've been following seaborne political misbehavior for a while, you'll remember Monkey Business as the yacht on which, in 1987, a promising Democratic presidential candidate, Gary Hart, saw his career sink out of sight (ironically, the boat stayed afloat).\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/herald-hart-e1555448782156.jpg\">\u003cimg class=\"alignright size-medium wp-image-11740585\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/herald-hart-800x566.jpg\" alt=\"\" width=\"400\" height=\"283\">\u003c/a>\u003c/p>\n\u003cp>The details have been rehashed for decades, but briefly: Hart, a senator from Colorado, was seen as the odds-on favorite to win his party's nomination for the presidency in 1988. Before a single vote had been cast in the primaries, however, Hart became the subject of an investigation by the Miami Herald, which had gotten a tip that the senator was having an extramarital affair. Among the evidence of impropriety provided to the paper were snapshots of Hart and his paramour, a woman named Donna Rice, on a pleasure cruise from Florida to the island of Bimini aboard the Monkey Business.\u003c/p>\n\u003cp>A team of Herald reporters, accompanied by a photographer, witnessed Hart and Rice entering and leaving the senator's Washington, D.C., residence. Hart denied a dalliance, but the resulting explosion of attention led him to quit the presidential race. Reports \u003ca href=\"https://www.theatlantic.com/magazine/archive/2018/11/was-gary-hart-set-up/570802/\" rel=\"noopener noreferrer\" target=\"_blank\">continue to circulate\u003c/a> that the episode was a dirty trick orchestrated by operatives working for the campaign of Republican candidate George H.W. Bush. \u003c/p>\n\u003cp>\u003cem>Recommended reading:\u003c/em> \"\u003ca href=\"https://www.nytimes.com/2014/09/21/magazine/how-gary-harts-downfall-forever-changed-american-politics.html\" target=\"_blank\" rel=\"noopener noreferrer\">How Gary Hart's Downfall Forever Changed American Politics\u003c/a>,\" by Matt Bai in The New York Times Magazine (2014).\u003c/p>\n\u003cp>\"\u003ca href=\"https://www.theatlantic.com/magazine/archive/2018/11/was-gary-hart-set-up/570802/\" rel=\"noopener noreferrer\" target=\"_blank\">Was Gary Hart Set Up?\u003c/a>,\" by James Fallows in The Atlantic (2018).\u003c/p>\n\u003ch3>The Duke-Stir, 2005\u003c/h3>\n\u003cp>Rep. Randy \"Duke\" Cunningham, a San Diego County Republican, was \u003ca href=\"https://www.nytimes.com/2005/12/03/opinion/an-ace-in-the-hole.html\" target=\"_blank\" rel=\"noopener noreferrer\">a star\u003c/a> in the real U.S. Navy: an \u003ca href=\"https://www.sandiegoreader.com/news/2005/dec/15/when-duke-was-king/\" target=\"_blank\" rel=\"noopener noreferrer\">oft-decorated fighter-bomber pilot\u003c/a> and instructor at the service's Top Gun flight combat school. He's also honorary commodore of America's Scandal Navy.\u003c/p>\n\u003cfigure id=\"attachment_11741867\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM.png\">\u003cimg class=\"size-medium wp-image-11741867\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-800x537.png\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-800x537.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-160x107.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-1020x684.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-1200x805.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-1920x1288.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM.png 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Duke-Stir, the 45-foot yacht that a military contractor bought and provided as a rent-free home to Rep. Randy Cunningham, R-San Diego County. \u003ccite>(At Home Pictures via Vimeo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cunningham was elected to Congress in 1990 and won re-election seven times. In 2005, the San Diego Union-Tribune began reporting Cunningham's ties to a defense contractor who secured a series of Pentagon deals with the congressman's help. The ties included shady-looking real estate transactions and a variety of gifts and favors — including the contractor buying \u003ca href=\"https://talkingpointsmemo.com/muckraker/inside-a-disgraced-congressman-s-floating-party-palace-2\" target=\"_blank\" rel=\"noopener noreferrer\">a $140,000, 45-foot yacht\u003c/a> upon which Cunningham lived rent-free. The former combat ace's floating residence, which had been named the Buoy Toy, was rechristened the Duke-Stir.\u003c/p>\n\u003cp>The Union-Tribune's reporting led to \u003ca href=\"https://www.pulitzer.org/winners/staffs\" target=\"_blank\" rel=\"noopener noreferrer\">a Pulitzer Prize\u003c/a> — and also to an FBI investigation, criminal charges and the congressman's eventual \u003ca href=\"https://www.nytimes.com/2005/11/28/politics/congressman-resigns-after-admitting-he-took-bribes.html\" target=\"_blank\" rel=\"noopener noreferrer\">guilty plea\u003c/a> to tax evasion, conspiracy to commit bribery, wire fraud and mail fraud. Cunningham resigned from Congress and spent nearly seven years in federal custody.\u003c/p>\n\u003ch3>'USS Traficant,' 2001\u003c/h3>\n\u003cp>In the early 1980s, \u003ca href=\"https://www.washingtonpost.com/politics/james-a-traficant-jr-colorful-ohio-congressman-expelled-by-house-dies-at-73/2014/09/27/fa98868a-4431-11e4-9a15-137aa0153527_story.html?utm_term=.ee8b08444b6a\" target=\"_blank\" rel=\"noopener noreferrer\">James Traficant\u003c/a> was a sheriff in northeastern Ohio who found himself facing federal charges he had taken bribes from mobsters. Traficant — not a lawyer — defended himself in court and beat the rap. Shortly afterward, he won election to Congress — but it wasn't the last time he faced corruption charges.\u003c/p>\n\u003cfigure id=\"attachment_11741544\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-51701131-e1555706489404.jpg\">\u003cimg class=\"size-medium wp-image-11741544\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-51701131-800x525.jpg\" alt=\"\" width=\"400\" height=\"263\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Among the offenses Rep. James Traficant was convicted for in 2002 was asking his congressional staff to do maintenance work on his deteriorating yacht at a Washington, D.C., marina. \u003ccite>(David Maxwell/AFP-Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sometime during his nine terms in the House of Representatives, the Democrat Traficant bought a boat from Sen. Larry Craig, a Republican from Idaho who is best remembered outside the Gem State for allegedly \u003ca href=\"https://toilet-guru.com/larry-craig.php\" target=\"_blank\" rel=\"noopener noreferrer\">trying to solicit sex\u003c/a> in an airport bathroom. The boat may have been the least eye-catching thing about Traficant, \u003ca href=\"https://www.newyorker.com/magazine/2002/08/05/oh-behave-2\" target=\"_blank\" rel=\"noopener noreferrer\">who was known\u003c/a> for his throwback '70s attire and a wild mane of hair — it was actually a toupee — that he once claimed he cut himself with a weed whacker.\u003c/p>\n\u003cp>Traficant's House tenure ended when he was convicted on 10 counts of racketeering, bribery and fraud. Among other things, he was accused of demanding salary kickbacks from his congressional staff and requiring them to do repair work on his boat, docked at a Washington, D.C. marina. I've tried without success to dig up the name of the craft, which Traficant described during his House expulsion hearing as \"a 1970 wooden Egg Harbor motor yacht. It is old, but it was lovely inside.\" Not even the grand jury indictment mentions the boat's name. We'll just call it the USS Traficant in honor of the late congressman, who served seven years in prison for his crimes. He died in 2014 after a tractor toppled over on him at his Ohio horse farm.\u003c/p>\n\u003cp>\u003cem>Recommended reading:\u003c/em>\"\u003ca href=\"https://www.newyorker.com/magazine/2002/08/05/oh-behave-2\" target=\"_blank\" rel=\"noopener noreferrer\">Oh, Behave\u003c/a>,\" by Jane Mayer in The New Yorker (2002).\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>USS Sequoia, 1963\u003c/h3>\n\u003cp>The Sequoia served as the yacht for most U.S. presidents between the mid-1920s and the late '70s, including John F. Kennedy. In May 1963, less than six months before Kennedy was assassinated, the boat was the scene of his \u003ca href=\"https://www.jfklibrary.org/asset-viewer/archives/JFKWHSFSLF/023/JFKWHSFSLF-023-009\" target=\"_blank\" rel=\"noopener noreferrer\">46th and final birthday party\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11741578\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-2039034-e1555710718547.jpg\">\u003cimg class=\"size-medium wp-image-11741578\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-2039034-800x435.jpg\" alt=\"\" width=\"400\" height=\"218\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sequoia, the former presidential yacht, in 2003, docked in Washington, D.C. In May 1963, the boat was the scene of President John F. Kennedy's last birthday celebration, a party during which he chased the wife of friend and journalist Ben Bradlee and cornered her in a bathroom. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It was not a sedate affair. There was plenty of champagne to go around, and accounts of the party say that one of the president's brothers, Sen. Edward Kennedy, somehow had one leg of his trousers ripped off during the proceedings. But what elevates the Sequoia to inclusion in the Scandal Navy was the president's behavior.\u003c/p>\n\u003cp>Among the guests at the party were future Washington Post editor \u003ca href=\"https://www.washingtonpost.com/apps/g/page/local/timeline-the-life-and-career-of-ben-bradlee/1308/\" target=\"_blank\" rel=\"noopener noreferrer\">Ben Bradlee\u003c/a> and his wife, Tony, who by this point had been friends with John and Jackie Kennedy for years. At one point in the party, Tony Bradlee said in a published account, JFK began chasing her.\u003c/p>\n\u003cp>\"I was running and laughing as he chased me. He caught up with me in the ladies’ room and made a pass,” Bradlee said. “It was a pretty strenuous attack, not as if he pushed me down, but his hands wandered. I said, ‘That’s it, so long.’ I was running like mad.\"\u003c/p>\n\u003cp>\u003cem>Recommended reading:\u003c/em> \"\u003ca href=\"https://www.washingtonpost.com/news/retropolis/wp/2017/05/26/jfks-last-birthday-gifts-champagne-and-wandering-hands-on-the-presidential-yacht/?utm_term=.71160d584065\" target=\"_blank\" rel=\"noopener noreferrer\">JFK's last birthday: Gifts, champagne and wandering hands on the presidential yacht,\"\u003c/a> by Ian Shapira in the Washington Post (2017).\u003c/p>\n\u003ch3>USS Potomac, 1980\u003c/h3>\n\u003cp>President Franklin Delano Roosevelt didn't care for the Sequoia, and had a 165-foot Coast Guard cutter, the Electra, refitted and rechristened as \u003ca href=\"https://www.usspotomac.org/history/\" target=\"_blank\" rel=\"noopener noreferrer\">the Potomac\u003c/a>, which became a presidential superyacht. We don't have any tales to relate of presidential misbehavior aboard the boat, though FDR was known to have carried on at least one long-term affair during his three-plus terms in office.\u003c/p>\n\u003cfigure id=\"attachment_11741670\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM.png\">\u003cimg class=\"size-medium wp-image-11741670\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-800x543.png\" alt=\"\" width=\"800\" height=\"543\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-800x543.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-160x109.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-1020x692.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-1200x814.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-1920x1303.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM.png 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A story in the San Francisco Examiner in September 1980 after agents seized the Potomac during a marijuana bust at Pier 26 on the city's waterfront. \u003ccite>(San Francisco Examiner via Newspapers.com)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>No, the Potomac's scandal moment came \u003ca href=\"https://www.usspotomac.org/history/after.php\" target=\"_blank\" rel=\"noopener noreferrer\">after it was retired\u003c/a> from government service — a period during which one of its owners, briefly, was \u003ca href=\"http://www.elvis-history-blog.com/elvis-potomac.html\" target=\"_blank\" rel=\"noopener noreferrer\">Elvis Presley\u003c/a>.\u003c/p>\n\u003cp>Eventually, the Potomac wound up in the hands of a Southern California bail bondsman named Aubrey Phillips. In September 1980, the Potomac was docked at San Francisco's Pier 26 next to another boat Phillips owned, the Valkyrie. Both craft displayed banners bearing the legend \"Crippled Children's Society of America,\" a nonexistent organization that turned out to be a front for a marijuana smuggling operation. The boats were seized, along with 20 tons of pot, in a bust carried out by dozens of state and federal agents backed up by the Coast Guard.\u003c/p>\n\u003cp>The Potomac was towed to Treasure Island, where it sank six months later. Refloated, the former \"Floating White House\" was \u003ca href=\"https://www.sfgate.com/bayarea/article/CRUISING-LIKE-A-PRESIDENT-FDR-s-yacht-Potomac-2827437.php\" target=\"_blank\" rel=\"noopener noreferrer\">sold at auction\u003c/a> to the executive director of the Port of Oakland, who spent $15,000 to acquire it. After a long process of fundraising and a $5 million restoration, the Potomac was opened as a museum at Oakland's Jack London Square and \u003ca href=\"https://www.usspotomac.org/index.php\" target=\"_blank\" rel=\"noopener noreferrer\">offers cruises\u003c/a> throughout the year.\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Updates\u003c/strong>\u003cbr>\n\u003cstrong>April 22:\u003c/strong> This story has been updated to include a reference to one recent account that suggests that Gary Hart may have been set up in the Donna Rice incident by a Republican political operative.\u003cbr>\n\u003cstrong>April 22: \u003c/strong>This story has been updated to clarify that the Alpha Omega Winery's yacht is occasionally donated for charity events, not hired out as the original copy reported.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated Tuesday, April 23\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">R\u003c/span>\u003c/p>\u003cp>ep. Devin Nunes, who decided earlier this month to \u003ca href=\"https://www.nytimes.com/2019/04/09/us/politics/devin-nunes-fresno-bee-lawsuit.html\" target=\"_blank\" rel=\"noopener noreferrer\">sue the parent company\u003c/a> of the Fresno Bee over \u003ca href=\"https://www.fresnobee.com/news/business/article210912434.html\" target=\"_blank\" rel=\"noopener noreferrer\">a story\u003c/a> that did \u003cem>not\u003c/em> allege he took part in a 2015 orgy aboard a yacht on San Francisco Bay, just helped us pinpoint the latest boat in America's Scandal Navy.\u003c/p>\n\u003cp>The nation's real Navy — the one with submarines and aircraft carriers and missiles and Tom Cruise pretending to be a pilot — has a heroic past conveyed by the names Bonhomme Richard, Constitution, Monitor and Missouri, and great engagements like the battles of Lake Erie, Mobile Bay and Midway.\u003c/p>\n\u003cp>The nation's Scandal Navy is short on armament but long on sordid episodes involving politicians whose careers have often intersected with yachts and various brands of impropriety. The roster of scandalcraft includes names like the Monkey Business, the Duke-Stir, the Sequoia and the Potomac. The engagements they were part of were more fit for the National Enquirer than the national Naval War College.\u003c/p>\n\u003cp>The latest addition to the flotilla — again, thanks to Congressman Nunes — is the Alpha Omega. That's \u003ca href=\"https://www.kqed.org/news/11740774/yachtcocaineprostitutes-boat-in-devin-nunes-lawsuit-is-for-sale-in-sausalito\" target=\"_blank\" rel=\"noopener noreferrer\">a 59-foot yacht\u003c/a> owned by the proprietor of St. Helena's Alpha Omega Winery, a close friend of Nunes who occasionally donates the craft for charity events.\u003c/p>\n\u003cfigure id=\"attachment_11740819\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/alpha-omega-yacht-e1555700286910.jpg\">\u003cimg class=\"size-medium wp-image-11740819\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/alpha-omega-yacht-800x600.jpg\" alt=\"The Alpha Omega, currently docked in Sausalito, is up for sale.\" width=\"400\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Alpha Omega, currently docked in Sausalito, is up for sale. \u003ccite>(Chloe Veltman/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Nunes announced earlier this month he had filed a \u003ca href=\"https://www.scribd.com/document/405513426/Complaint-4-8-19-Mcclatchy-2\" target=\"_blank\" rel=\"noopener noreferrer\">$150 million defamation lawsuit\u003c/a> against the McClatchy Co. over a story the Fresno Bee published last year. That piece recounted a \u003ca href=\"https://assets.documentcloud.org/documents/4461892/Arlene-Anase-v-Alpha-Omega-Winery-CA-Napa.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">suit\u003c/a> filed by a former Alpha Omega Winery employee who said she witnessed an orgy during a charity cruise aboard the yacht in 2015.\u003c/p>\n\u003cp>Nunes' connection to the episode, which allegedly involved a group of male guests using cocaine and consorting with possibly under-age prostitutes aboard the Alpha Omega, is that he has a small investment in the winery. Beyond Nunes' investment, there's no suggestion in the original lawsuit, or in the Bee's story, that he participated in the bay bacchanal.\u003c/p>\n\u003cp>That's a little disappointing, because the most illustrious craft in America's Scandal Navy have hosted our elected representatives doing things on board they'd never want their constituents or their wives to know about. But who knows? The Alpha Omega is \u003ca href=\"https://www.kqed.org/news/11740774/yachtcocaineprostitutes-boat-in-devin-nunes-lawsuit-is-for-sale-in-sausalito\" target=\"_blank\" rel=\"noopener noreferrer\">for sale\u003c/a>, and maybe some other member of Congress or the Legislature will get a chance to breach ethics, morals and/or federal, state and local laws during a voyage.\u003c/p>\n\u003cp>While we wait for that to happen, here are some other illustrious members of the Scandal Navy:\u003c/p>\n\u003ch3>The Monkey Business, 1987\u003c/h3>\n\u003cp>The Scandal Navy's honorary flagship. If you've been following seaborne political misbehavior for a while, you'll remember Monkey Business as the yacht on which, in 1987, a promising Democratic presidential candidate, Gary Hart, saw his career sink out of sight (ironically, the boat stayed afloat).\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/herald-hart-e1555448782156.jpg\">\u003cimg class=\"alignright size-medium wp-image-11740585\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/herald-hart-800x566.jpg\" alt=\"\" width=\"400\" height=\"283\">\u003c/a>\u003c/p>\n\u003cp>The details have been rehashed for decades, but briefly: Hart, a senator from Colorado, was seen as the odds-on favorite to win his party's nomination for the presidency in 1988. Before a single vote had been cast in the primaries, however, Hart became the subject of an investigation by the Miami Herald, which had gotten a tip that the senator was having an extramarital affair. Among the evidence of impropriety provided to the paper were snapshots of Hart and his paramour, a woman named Donna Rice, on a pleasure cruise from Florida to the island of Bimini aboard the Monkey Business.\u003c/p>\n\u003cp>A team of Herald reporters, accompanied by a photographer, witnessed Hart and Rice entering and leaving the senator's Washington, D.C., residence. Hart denied a dalliance, but the resulting explosion of attention led him to quit the presidential race. Reports \u003ca href=\"https://www.theatlantic.com/magazine/archive/2018/11/was-gary-hart-set-up/570802/\" rel=\"noopener noreferrer\" target=\"_blank\">continue to circulate\u003c/a> that the episode was a dirty trick orchestrated by operatives working for the campaign of Republican candidate George H.W. Bush. \u003c/p>\n\u003cp>\u003cem>Recommended reading:\u003c/em> \"\u003ca href=\"https://www.nytimes.com/2014/09/21/magazine/how-gary-harts-downfall-forever-changed-american-politics.html\" target=\"_blank\" rel=\"noopener noreferrer\">How Gary Hart's Downfall Forever Changed American Politics\u003c/a>,\" by Matt Bai in The New York Times Magazine (2014).\u003c/p>\n\u003cp>\"\u003ca href=\"https://www.theatlantic.com/magazine/archive/2018/11/was-gary-hart-set-up/570802/\" rel=\"noopener noreferrer\" target=\"_blank\">Was Gary Hart Set Up?\u003c/a>,\" by James Fallows in The Atlantic (2018).\u003c/p>\n\u003ch3>The Duke-Stir, 2005\u003c/h3>\n\u003cp>Rep. Randy \"Duke\" Cunningham, a San Diego County Republican, was \u003ca href=\"https://www.nytimes.com/2005/12/03/opinion/an-ace-in-the-hole.html\" target=\"_blank\" rel=\"noopener noreferrer\">a star\u003c/a> in the real U.S. Navy: an \u003ca href=\"https://www.sandiegoreader.com/news/2005/dec/15/when-duke-was-king/\" target=\"_blank\" rel=\"noopener noreferrer\">oft-decorated fighter-bomber pilot\u003c/a> and instructor at the service's Top Gun flight combat school. He's also honorary commodore of America's Scandal Navy.\u003c/p>\n\u003cfigure id=\"attachment_11741867\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM.png\">\u003cimg class=\"size-medium wp-image-11741867\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-800x537.png\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-800x537.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-160x107.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-1020x684.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-1200x805.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM-1920x1288.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-21-at-10.53.06-PM.png 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Duke-Stir, the 45-foot yacht that a military contractor bought and provided as a rent-free home to Rep. Randy Cunningham, R-San Diego County. \u003ccite>(At Home Pictures via Vimeo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cunningham was elected to Congress in 1990 and won re-election seven times. In 2005, the San Diego Union-Tribune began reporting Cunningham's ties to a defense contractor who secured a series of Pentagon deals with the congressman's help. The ties included shady-looking real estate transactions and a variety of gifts and favors — including the contractor buying \u003ca href=\"https://talkingpointsmemo.com/muckraker/inside-a-disgraced-congressman-s-floating-party-palace-2\" target=\"_blank\" rel=\"noopener noreferrer\">a $140,000, 45-foot yacht\u003c/a> upon which Cunningham lived rent-free. The former combat ace's floating residence, which had been named the Buoy Toy, was rechristened the Duke-Stir.\u003c/p>\n\u003cp>The Union-Tribune's reporting led to \u003ca href=\"https://www.pulitzer.org/winners/staffs\" target=\"_blank\" rel=\"noopener noreferrer\">a Pulitzer Prize\u003c/a> — and also to an FBI investigation, criminal charges and the congressman's eventual \u003ca href=\"https://www.nytimes.com/2005/11/28/politics/congressman-resigns-after-admitting-he-took-bribes.html\" target=\"_blank\" rel=\"noopener noreferrer\">guilty plea\u003c/a> to tax evasion, conspiracy to commit bribery, wire fraud and mail fraud. Cunningham resigned from Congress and spent nearly seven years in federal custody.\u003c/p>\n\u003ch3>'USS Traficant,' 2001\u003c/h3>\n\u003cp>In the early 1980s, \u003ca href=\"https://www.washingtonpost.com/politics/james-a-traficant-jr-colorful-ohio-congressman-expelled-by-house-dies-at-73/2014/09/27/fa98868a-4431-11e4-9a15-137aa0153527_story.html?utm_term=.ee8b08444b6a\" target=\"_blank\" rel=\"noopener noreferrer\">James Traficant\u003c/a> was a sheriff in northeastern Ohio who found himself facing federal charges he had taken bribes from mobsters. Traficant — not a lawyer — defended himself in court and beat the rap. Shortly afterward, he won election to Congress — but it wasn't the last time he faced corruption charges.\u003c/p>\n\u003cfigure id=\"attachment_11741544\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-51701131-e1555706489404.jpg\">\u003cimg class=\"size-medium wp-image-11741544\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-51701131-800x525.jpg\" alt=\"\" width=\"400\" height=\"263\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Among the offenses Rep. James Traficant was convicted for in 2002 was asking his congressional staff to do maintenance work on his deteriorating yacht at a Washington, D.C., marina. \u003ccite>(David Maxwell/AFP-Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sometime during his nine terms in the House of Representatives, the Democrat Traficant bought a boat from Sen. Larry Craig, a Republican from Idaho who is best remembered outside the Gem State for allegedly \u003ca href=\"https://toilet-guru.com/larry-craig.php\" target=\"_blank\" rel=\"noopener noreferrer\">trying to solicit sex\u003c/a> in an airport bathroom. The boat may have been the least eye-catching thing about Traficant, \u003ca href=\"https://www.newyorker.com/magazine/2002/08/05/oh-behave-2\" target=\"_blank\" rel=\"noopener noreferrer\">who was known\u003c/a> for his throwback '70s attire and a wild mane of hair — it was actually a toupee — that he once claimed he cut himself with a weed whacker.\u003c/p>\n\u003cp>Traficant's House tenure ended when he was convicted on 10 counts of racketeering, bribery and fraud. Among other things, he was accused of demanding salary kickbacks from his congressional staff and requiring them to do repair work on his boat, docked at a Washington, D.C. marina. I've tried without success to dig up the name of the craft, which Traficant described during his House expulsion hearing as \"a 1970 wooden Egg Harbor motor yacht. It is old, but it was lovely inside.\" Not even the grand jury indictment mentions the boat's name. We'll just call it the USS Traficant in honor of the late congressman, who served seven years in prison for his crimes. He died in 2014 after a tractor toppled over on him at his Ohio horse farm.\u003c/p>\n\u003cp>\u003cem>Recommended reading:\u003c/em>\"\u003ca href=\"https://www.newyorker.com/magazine/2002/08/05/oh-behave-2\" target=\"_blank\" rel=\"noopener noreferrer\">Oh, Behave\u003c/a>,\" by Jane Mayer in The New Yorker (2002).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>USS Sequoia, 1963\u003c/h3>\n\u003cp>The Sequoia served as the yacht for most U.S. presidents between the mid-1920s and the late '70s, including John F. Kennedy. In May 1963, less than six months before Kennedy was assassinated, the boat was the scene of his \u003ca href=\"https://www.jfklibrary.org/asset-viewer/archives/JFKWHSFSLF/023/JFKWHSFSLF-023-009\" target=\"_blank\" rel=\"noopener noreferrer\">46th and final birthday party\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11741578\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-2039034-e1555710718547.jpg\">\u003cimg class=\"size-medium wp-image-11741578\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/GettyImages-2039034-800x435.jpg\" alt=\"\" width=\"400\" height=\"218\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sequoia, the former presidential yacht, in 2003, docked in Washington, D.C. In May 1963, the boat was the scene of President John F. Kennedy's last birthday celebration, a party during which he chased the wife of friend and journalist Ben Bradlee and cornered her in a bathroom. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It was not a sedate affair. There was plenty of champagne to go around, and accounts of the party say that one of the president's brothers, Sen. Edward Kennedy, somehow had one leg of his trousers ripped off during the proceedings. But what elevates the Sequoia to inclusion in the Scandal Navy was the president's behavior.\u003c/p>\n\u003cp>Among the guests at the party were future Washington Post editor \u003ca href=\"https://www.washingtonpost.com/apps/g/page/local/timeline-the-life-and-career-of-ben-bradlee/1308/\" target=\"_blank\" rel=\"noopener noreferrer\">Ben Bradlee\u003c/a> and his wife, Tony, who by this point had been friends with John and Jackie Kennedy for years. At one point in the party, Tony Bradlee said in a published account, JFK began chasing her.\u003c/p>\n\u003cp>\"I was running and laughing as he chased me. He caught up with me in the ladies’ room and made a pass,” Bradlee said. “It was a pretty strenuous attack, not as if he pushed me down, but his hands wandered. I said, ‘That’s it, so long.’ I was running like mad.\"\u003c/p>\n\u003cp>\u003cem>Recommended reading:\u003c/em> \"\u003ca href=\"https://www.washingtonpost.com/news/retropolis/wp/2017/05/26/jfks-last-birthday-gifts-champagne-and-wandering-hands-on-the-presidential-yacht/?utm_term=.71160d584065\" target=\"_blank\" rel=\"noopener noreferrer\">JFK's last birthday: Gifts, champagne and wandering hands on the presidential yacht,\"\u003c/a> by Ian Shapira in the Washington Post (2017).\u003c/p>\n\u003ch3>USS Potomac, 1980\u003c/h3>\n\u003cp>President Franklin Delano Roosevelt didn't care for the Sequoia, and had a 165-foot Coast Guard cutter, the Electra, refitted and rechristened as \u003ca href=\"https://www.usspotomac.org/history/\" target=\"_blank\" rel=\"noopener noreferrer\">the Potomac\u003c/a>, which became a presidential superyacht. We don't have any tales to relate of presidential misbehavior aboard the boat, though FDR was known to have carried on at least one long-term affair during his three-plus terms in office.\u003c/p>\n\u003cfigure id=\"attachment_11741670\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM.png\">\u003cimg class=\"size-medium wp-image-11741670\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-800x543.png\" alt=\"\" width=\"800\" height=\"543\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-800x543.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-160x109.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-1020x692.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-1200x814.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM-1920x1303.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/Screen-Shot-2019-04-19-at-4.42.56-PM.png 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A story in the San Francisco Examiner in September 1980 after agents seized the Potomac during a marijuana bust at Pier 26 on the city's waterfront. \u003ccite>(San Francisco Examiner via Newspapers.com)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>No, the Potomac's scandal moment came \u003ca href=\"https://www.usspotomac.org/history/after.php\" target=\"_blank\" rel=\"noopener noreferrer\">after it was retired\u003c/a> from government service — a period during which one of its owners, briefly, was \u003ca href=\"http://www.elvis-history-blog.com/elvis-potomac.html\" target=\"_blank\" rel=\"noopener noreferrer\">Elvis Presley\u003c/a>.\u003c/p>\n\u003cp>Eventually, the Potomac wound up in the hands of a Southern California bail bondsman named Aubrey Phillips. In September 1980, the Potomac was docked at San Francisco's Pier 26 next to another boat Phillips owned, the Valkyrie. Both craft displayed banners bearing the legend \"Crippled Children's Society of America,\" a nonexistent organization that turned out to be a front for a marijuana smuggling operation. The boats were seized, along with 20 tons of pot, in a bust carried out by dozens of state and federal agents backed up by the Coast Guard.\u003c/p>\n\u003cp>The Potomac was towed to Treasure Island, where it sank six months later. Refloated, the former \"Floating White House\" was \u003ca href=\"https://www.sfgate.com/bayarea/article/CRUISING-LIKE-A-PRESIDENT-FDR-s-yacht-Potomac-2827437.php\" target=\"_blank\" rel=\"noopener noreferrer\">sold at auction\u003c/a> to the executive director of the Port of Oakland, who spent $15,000 to acquire it. After a long process of fundraising and a $5 million restoration, the Potomac was opened as a museum at Oakland's Jack London Square and \u003ca href=\"https://www.usspotomac.org/index.php\" target=\"_blank\" rel=\"noopener noreferrer\">offers cruises\u003c/a> throughout the year.\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Updates\u003c/strong>\u003cbr>\n\u003cstrong>April 22:\u003c/strong> This story has been updated to include a reference to one recent account that suggests that Gary Hart may have been set up in the Donna Rice incident by a Republican political operative.\u003cbr>\n\u003cstrong>April 22: \u003c/strong>This story has been updated to clarify that the Alpha Omega Winery's yacht is occasionally donated for charity events, not hired out as the original copy reported.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Mueller Report Fallout, Governor Newsom’s First 100 Days, “Biased”",
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"content": "\u003cp>\u003cb>Mueller Report Fallout\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Thursday, Attorney General William Barr released publicly a redacted version of special counsel Robert Mueller’s report investigating Russian interference in the 2016 presidential election. At a news conference conducted before its release, Barr defended President Trump’s actions and why he determined the president didn’t obstruct justice. In the report, however, Mueller detailed 10 episodes of potential obstruction of justice by Trump to undermine and interfere with the investigation, but declined to charge him because of legal constraints around indicting a sitting president. While Mueller and his team also found that the president and his campaign did not conspire with Russia to influence the outcome of the 2016 election, they documented numerous contacts and links between Trump campaign advisers and Russian operatives. House Democrats have now issued a subpoena to compel the Justice Department to release to Congress the full report and its underlying evidence by May 1. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">U.S. Rep. Jackie Speier, D-San Mateo\u003c/span>\u003c/p>\n\u003cp>\u003cb>Gov. Gavin Newsom’s First 100 Days\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Wednesday marked Gavin Newsom’s first 100 days in office. So far, he has issued a moratorium on the death penalty, has unveiled bold proposals around education and health care, and has directed the state’s attorney general, Xavier Becerra, to sue the Trump administration on its decision to declare a national emergency on the border.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tal Kopan, Washington, D.C., correspondent, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Lanhee Chen, fellow, Hoover Institution \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">David Levine, professor, UC Hastings College of the Law\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>“Biased”\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Jennifer Eberhardt is a social psychologist at Stanford University and a 2014 recipient of the MacArthur “genius” grant. Her work has advanced our understanding of race and inequality by revealing the ways that implicit — or unconscious — bias can have profound effects in society, from the classroom to the courtroom. In her new book, “Biased,” she says we all can get better at spotting situations that trigger stereotypes, while sharing her own personal experiences with them and her work with law enforcement to fight them. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">Jennifer Eberhardt, psychology professor, Stanford University\u003c/span>\u003c/p>\n\n",
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"excerpt": "The House Judiciary Committee passed a resolution to authorize subpoenas for special counsel Robert Mueller's full report on his investigation into Russian interference in the 2016 election.",
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"title": "Mueller Report Fallout, Governor Newsom’s First 100 Days, “Biased” | KQED",
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"content": "\u003cp>Authorities say a Florida man left threatening rants about gun control, illegal immigration, homosexuals, black people and Muslims for three Democratic members of Congress: Sen. Cory Booker (New Jersey), Rep. Rashida Tlaib (Michigan) and Rep. Eric Swalwell, who represents the East Bay.\u003c/p>\n\u003cp>\u003ca href=\"https://www.justice.gov/usao-sdfl/pr/tamarac-resident-arrested-making-multiple-threats-members-congress\" target=\"_blank\" rel=\"noopener\">The U.S. Attorney's Office says\u003c/a> 49-year-old John Kless was arrested Friday and charged with making threatening communications.\u003c/p>\n\u003cp>The federal criminal complaint says Kless called the Washington offices of all three on Tuesday and left profanity-laden voicemails. The messages specifically mentioned the elected officials being killed. Warning: The complaint, embedded at the bottom of the article, contains incredibly graphic language.\u003c/p>\n\u003cp>\"The day you come after our guns, motherf*****, is the day you'll be dead,\" said the voicemail left for Swalwell. Kless also referred repeatedly to the representative's \"Taliban friends\" and used extremely derogatory slurs.\u003c/p>\n\u003cp>Investigators say they traced the phone number back to Kless, who lives in Tamarac, Florida. U.S. Capitol Police previously investigated Kless for a message left in February for Democratic House Speaker Nancy Pelosi.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kless made an initial appearance in court in Florida, and was released on a $25,000 bond with a GPS monitor and a requirement that he stay away from guns and the people he threatened.\u003c/p>\n\u003cp>Swalwell had previously shared a portion of another voicemail he received on Twitter, with the comment, \"I'm not afraid of this guy...No fear.\"\u003c/p>\n\u003cp>https://twitter.com/RepSwalwell/status/1113498287850627074\u003c/p>\n\u003cp>Swalwell also thanked the Capitol police and Florida law enforcement for protecting his staff and constituents. Both Swalwell and Booker are currently \u003ca href=\"https://www.kqed.org/news/11715560/east-bay-democrat-eric-swalwell-joins-2020-presidential-field\" target=\"_blank\" rel=\"noopener\">among the Democrats running for president\u003c/a>.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.documentcloud.org/documents/5972786-Kless1.html\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"excerpt": "Authorities say a Florida man left threatening rants about gun control, illegal immigration, homosexuals, black people and Muslims for three Democratic members of Congress.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Authorities say a Florida man left threatening rants about gun control, illegal immigration, homosexuals, black people and Muslims for three Democratic members of Congress: Sen. Cory Booker (New Jersey), Rep. Rashida Tlaib (Michigan) and Rep. Eric Swalwell, who represents the East Bay.\u003c/p>\n\u003cp>\u003ca href=\"https://www.justice.gov/usao-sdfl/pr/tamarac-resident-arrested-making-multiple-threats-members-congress\" target=\"_blank\" rel=\"noopener\">The U.S. Attorney's Office says\u003c/a> 49-year-old John Kless was arrested Friday and charged with making threatening communications.\u003c/p>\n\u003cp>The federal criminal complaint says Kless called the Washington offices of all three on Tuesday and left profanity-laden voicemails. The messages specifically mentioned the elected officials being killed. Warning: The complaint, embedded at the bottom of the article, contains incredibly graphic language.\u003c/p>\n\u003cp>\"The day you come after our guns, motherf*****, is the day you'll be dead,\" said the voicemail left for Swalwell. Kless also referred repeatedly to the representative's \"Taliban friends\" and used extremely derogatory slurs.\u003c/p>\n\u003cp>Investigators say they traced the phone number back to Kless, who lives in Tamarac, Florida. U.S. Capitol Police previously investigated Kless for a message left in February for Democratic House Speaker Nancy Pelosi.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"order": 9
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"id": "fresh-air",
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"airtime": "SUN 7:30pm-8pm",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"order": 15
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"order": 18
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"source": "American Public Media"
},
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
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"meta": {
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"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
"id": "morning-edition",
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"order": 11
},
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"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"link": "/radio/program/on-the-media",
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},
"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
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},
"perspectives": {
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"order": 14
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
"subscribe": {
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
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