Boots & Sabers

The blogging will continue until morale improves...

Category: Law

Madison Schools Want More Control of Police on Campus

Here’s a name that’s a blast from the past.

School Board President Mary Burke said she wants to work collaboratively with MPD on the contract.

“We take very seriously the fact that as a school district, we are ultimately responsible for the adults who interact with our students, and in the unlikely event that an issue arises, we want to be able to work collaboratively with MPD to address it,” Burke said in an email. “We believe that is a reasonable and responsible request, and we’re looking forward to further discussion.”

Here’s what they are fighting over:

Though the Madison School Board approved an amended contract Monday that would keep police officers in the city’s four main high schools, Police Chief Mike Koval said Tuesday that he’ll never agreed to the new language.

“We had never agreed (nor will I ever agree) to language regarding the ability to remove an officer for ’cause,'” Koval said in a blog post. “The School District floated this language out last week and it was made unequivocally clear that I would not agree to this language.”

The School Board voted unanimously to adopt the amended language, which would give the district the authority to remove a police officer — described in the contract as a school resource officer or SRO — from school if they found cause. The amended contract itself was approved by a 4-2 vote.

“I will reiterate that the processes for disciplining or assigning officers are governed by state law and labor contract, and these rights cannot be bargained away in an agreement with a third party,” Koval wrote. “We have always worked cooperatively with MMSD to select our resource officers and to address any areas of improvement. However, the law does not permit us to pre-determine discipline through the contract language that was suggested.”

Judge Strikes Down Unconstitutional Obamacare

Good news!

A federal judge in Texas said on Friday that the Affordable Care Act’s individual coverage mandate is unconstitutional and that the rest of the law must also fall.

[…]

In his opinion, District Judge Reed O’Connor said the “Individual Mandate can no longer be fairly read as an exercise of Congress’s Tax Power and is still impermissible under the Interstate Commerce Clause—meaning the Individual Mandate is unconstitutional.”

He also held that the individual mandate is “essential to and inseverable from the remainder of the ACA.”

Chicago Politicians Quiet After Burke Raid

The Corruption Party has had one party rule in Chicago for decades. Nothing is changing.

No one represents Chicago’s old-school machine politics — or what’s left of it — more than City Hall’s longest-serving and most powerful alderman, Ed Burke.

But in the wake of federal agents raiding Burke’s City Hall and 14th Ward offices Thursday, the 21 candidates running for Chicago mayor — most of them on a proclaimed platform of reform — had very little to say about one of the most astonishing political developments in the city’s recent memory.

There were no news releases, few tweets and little professed outrage.

That’s because many of the race’s front-runners have some form of exposure, serving alongside Burke in the city’s political hierarchy, or counting him as a friend or mentor. And as the Burke investigation plays out in the final months of the Feb. 26 mayor’s race, the political fallout will leave some grasping for how to reconcile their self-professed desire to change City Hall with their ties to an iconic Chicago politician in the crosshairs of federal investigators.

On Friday, at least, few of them were talking.

Border Forces Repel Attempted Incursion

Thankfully, it looks like no Americans were injured in repelling this foreign incursion.

Mexico will deport up to 500 migrants who attempted to storm the US border, according to its interior ministry.

The group were rounded up after trying to cross the border “violently” and “illegally” on Sunday, the ministry said in a statement.

Video footage shows dozens of people – including women and children – running towards the fence that separates the two countries near the city of Tijuana.

They were repelled by tear gas used by US border officers.

Mexico’s interior ministry said in a statement that a group of “nearly 500 migrants” had “tried to cross the border in a violent way”.

Those identified as having taken part in these “violent events” would be deported immediately, it said.

The ministry added that, “far from helping their objectives”, the migrants’ actions had violated the legal migration framework and could have led to a “serious incident”.

ICE Does Its Job

I didn’t know that church sanctuary was still a thing. In any case, hats off to ICE for finally catching the scofflaw.

An immigrant who sought refuge from deportation in a North Carolina church, staying there for 11 months, was arrested on Friday after arriving at an appointment with immigration officials.

The arrest led to protests and the arrest of some supporters of Samuel Oliver-Bruno, the 47-year-old Mexican national who, according to a US Immigration and Customs Enforcement (Ice) news release, was detained at a Raleigh-area immigration office.

An advocacy group, Alerta Migratoria NC, said in a statement Oliver-Bruno went to have fingerprints taken so he could apply to stay in North Carolina with his wife and son.

He has been living in CityWell United Methodist Church in Durham since late 2017, to avoid the reach of immigration officers, who generally avoid making arrests at churches and other sensitive locations.

Ice said Oliver-Bruno, who has lived in North Carolina for two decades, had no legal basis to be in the US and had exhausted his “extensive” appeals. In 2014, according to court documents, Oliver-Bruno pleaded guilty to using false documents to try to re-enter the US in Texas.

Walker Appoints Schimel as Judge

Good move.

Gov. Scott Walker is appointing outgoing AG Brad Schimel to a vacancy on the Waukesha County Circuit Court.

The move comes a day after Schimel formally conceded the AG’s race to Dem rival Josh Kaul, who won by 17,190 votes. Schimel took the weekend to considered whether to seek a recount, but decided against requesting one.

“Brad Schimel has diligently served the State of Wisconsin as attorney general and the citizens of Waukesha County as district attorney,” Walker said. “Schimel has shown a commitment to the rule of law and the State of Wisconsin. He will continue to faithfully serve our state as Waukesha County Circuit Court judge.”

Murderer Confesses to about 90 Additional Murders

Wow. Tragic.

A man convicted of three California murders and long suspected in numerous other deaths now claims he was involved in about 90 killings nationwide spanning nearly four decades.

Investigators already have corroborated about a third of those, a Texas prosecutor said Thursday.

Ector County District Attorney Bobby Bland said 78-year-old Samuel Little was booked into jail this week following his indictment in the 1994 death of a Texas woman.

Investigations are ongoing, but Little has provided details in more than 90 deaths dating to about 1970, Bland said.

Little was brought to Texas in September, and investigators with law enforcement agencies in several states traveled to speak with him about unsolved homicides.

‘They’re able to match up over 30 cases so far,’ Bland said. ‘So far we don’t have any false information coming from him.’

If the number of killings Little claims to have committed proves true, it would make him one of the most prolific killers in U.S. history.

Justice Kavanaugh Rejects GoFundMe Cash

Good for him.

Citing judicial ethics concerns, Supreme Court Justice Brett Kavanaugh declined more than $600,000 that was donated to aid his family during the firestorm over sexual misconduct allegations that plagued his confirmation. The judge’s decision was announced on Tuesday in a message posted on the online fundraising pagethat gathered the funds.

[…]

Supreme Court justices are actually not bound by the codified ethics rules that apply to other federal judges, the Code of Conduct for United States Judges. However, it appears that Kavanaugh’s statement is drawn largely from those rules, which provide that other than in a few narrowly drawn scenarios, “a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose.”

Liberal Activist Segway Boy is Arrested for Trying to Buy Radioactive Material

What a piece of garbage.

According to the Federal Bureau of Investigation (FBI), 30-year-old Jeremy Ryan was arrested in the 700 block of Mills Street in Black Earth.

According to court documents, Ryan attempted to buy a lethal dose of a radioactive substance online in March and October 2018 to kill an unnamed person.

Following Ryan’s arrest, agents searched his home in the 300 block of Munn Road in the Town of Madison. Agents with the Hazardous Evidence Response Teams (HERT) from the Milwaukee and Chicago field offices searched the home Wednesday night.

[…]

Ryan was also active in the ACT 10 protests in 2011. At the time he was known as “Segway Jeremy.” He aggressively protested Republican lawmakers inside the Wisconsin Capitol.

According to online court records, in 2016, Ryan pleaded guilty in Dane County Circuit to a maintaining a drug trafficking place charge.

Suddenly the Left Likes Justice Roberts

Ever notice how the Left lauds conservatives when they side with liberals? That’s the suck of the Washington Swamp.

Roberts has labored for the past 13 years to keep the judiciary branch as a sacrosanct institution, able to rule on the most contentious issues of the day — guns, abortion, health care — without succumbing to the vitriol of presidential and congressional politics. That has sometimes led Roberts to put aside his own conservative conviction, most notably in his 2012 defense of the Affordable Care Act in National Federation of Independent Business v. Sebelius.

Though he has also sided plenty of times with the court’s conservative bloc, his relative moderation suggests that the umpire imagery of his confirmation hearing was not merely vote-seeking rhetoric. An analysis of his decisions by the polling and politics site FiveThirtyEight even wondered if Roberts was “a secret liberal.”

Justice Kavanaugh

Ahhhhh

The US Senate has voted to confirm President Donald Trump’s nominee for the Supreme Court, after weeks of rancorous debate.

The Senate backed Brett Kavanaugh’s nomination by 50 votes to 48.

Make not mistake, the controversy over this appointment did not have anything to do with Brett Kavanaugh. Trump could have appointed a new RBG and the same thing would have happened. The anti-Trump derangement coupled with the fury of the midterm elections have pushed the liberals into a mass hysteria.

Thankfully, sanity prevailed and we were able to put a good, smart, man on the court who will respect our constitution.

Congratulations, Justice Kavanaugh.

One Judge

From Wisconsin Supreme Court candidate Brian Hagedorn.

ONE JUDGE. Our country is bitterly divided over the nomination of one judge to fill one seat on one court. Think about that. This began long before the recent allegations came to light. Our political leaders have, since Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court this summer, described this as a fight for the future of our country. But should the appointment of one judge really cause such significant social division?

In our constitutional order, judges were meant to have a modest role, applying the law to the facts of individual cases. Alexander Hamilton assured his readers in Federalist 78 that the judiciary was designed to be the “least dangerous branch.” But over time, increasingly political judges have assumed an increasingly significant role over American life. As judges began to act more like legislators, is it any wonder that the American people and their representatives treat them so?

Indeed. The anger that is rending the country is a symptom of the fact that we have invested far too much power in the Supreme Court.

“Independent Contractor” Case goes before SCOTUS

This is a case that could have a huge impact on the economy and labor relations.

In New Prime Inc. v. Oliveira, No. 17-340, the justices heard the case of Dominic Oliveira, a long-haul truck driver who filed a suit against the transportation outfit New Prime three years ago, alleging that the company failed to pay him minimum wage and at times even charged him for working.

The case pits business interests against labor groups in the first major case of the term that could have consequences for hundreds of thousands of American workers and potentially millions of consumers. It could shape an industry that generates more than half a trillion dollars in annual revenue.

The case also raises questions about the use of the “independent contractor” designation to reduce pay and benefits for workers who perform essentially identical work as employees. On that front, the court’s decision could have ramifications for virtually every sector of the economy.

I can see both sides of this. On the one hand, if a contractor is doing essentially the same full time work as an employee, then it’s a distinction without a difference. On the other hand, why should the federal government be inserting itself in the employer/employee/contractor relationship? Some people prefer contract work because of the flexibility and ability to create a business around multiple contracts. Then again, an employer shouldn’t be able to absolve itself from the work of contractors just because they aren’t officially employees.

By the letter of the law that’s involved, I believe that the court should come down in favor of the contractor, but it does open up the larger question of what legal distinctions there are, or should be, between contractors and employees.

Claim: Facebook Fails to Protect Moderators from Mental Trauma

Who’s watching over the watchers?

A former Facebook contract employee has lodged a suit against the company, alleging that content moderators who face mental trauma after reviewing distressing images on the platform are not being properly protected by the social networking giant.

Facebook moderators under contract are “bombarded” with “thousands of videos, images and livestreamed broadcasts of child sexual abuse, rape, torture, bestiality, beheadings, suicide and murder”, the lawsuit said.

“Facebook is ignoring its duty to provide a safe workplace and instead creating a revolving door of contractors who are irreparably traumatized by what they witnessed on the job,” Korey Nelson, a lawyer for former Facebook contract employee Selena Scola, said in a statement Monday.

Facebook in the past has said all of its content reviewers have access to mental health resources, including trained professionals onsite for both individual and group counseling, and they receive full health care benefits.

Baseless Accusation Against Kavanaugh Shouldn’t Delay Vote

This is nuts. Even the BBC reporter has some very valid questions:

There are plenty of reasonable, sensitive questions arising from the Kavanaugh/Ford story.

First and most important, is the alleged incident true? Do the therapists’ notes, which have some flaws, count as corroboration?

If the incident is true, to what extent does it have a relevant bearing on the judge’s character today, 36 years later?

If no other women come forward with similar accusations, should it be dismissed as the egregious but one-off failing of a teenager?

If it’s not true, why was it raised it now and what impact should it have on both the judge and his accuser?

All of these questions are open for debate in a sensible, thoughtful way. I for one don’t have clear answers on any of them.

In the end, this is just going to be a he said/she said about something that happened over 30 years ago. People who don’t want Kavanaugh confirmed are going to insist that the accusation is true. Reasonable people will wonder why this is only coming up now. None of it has anything to do with the character of the man in 2018 or his lengthy tenure as a lawyer and judge.

Take the vote.

DOJ Employees Sign Non-Disclosure

Here we go again with the liberal Milwaukee paper trying to make something out of nothing.

What goes on at the state Department of Justice stays in the state Department of Justice.

So says Attorney General Brad Schimel.

On Aug. 10, staffers at his agency were sent an email instructing them to sign a nondisclosure agreement barring them from revealing any confidential information about their work — not just during their time in office but even after they leave the state.

The email then included a spreadsheet with the names of 129 employees who had yet to sign the one-page statement.

“If your name is on the attached list, please print and sign the attached Agreement,” the email says.

According to a copy of the agreement, it applies not just to current full-time employees but also “limited term employees, contractors, interns, externs and law enforcement partners.”

The DOJ deals with some of the most sensitive and confidential information in government. As long as they are equally vigilant about providing public information subject to the open records law, we citizens want DOJ employees to keep the rest confidential.

Democratic Candidate for Attorney General Supports Unconstitutional Obamacare

What a simplistic argument.

Oral arguments on a lawsuit to overturn the Affordable Care Act took place Wednesday in Texas. The democratic candidate for Wisconsin Attorney General said the state would not be a part of it if he is elected.

Josh Kaul called the lawsuit led by current attorney general Brad Schimel wrong and not in the best interest of Wisconsinites. Obamacare prohibited insurers from denying coverage to someone with a pre-existing condition.

Kaul says over two million residents in the state has one of these conditions.

“We just shouldn’t have people who are unable to have access to health insurance coverage because of a pre-existing condition. We certainly shouldn’t have our attorney general using our tax dollars to fight to take protections away from Wisconsinites,” Kaul said.

Obamacare was SO MUCH BIGGER than just the provision regarding pre-existing conditions. But he focuses on that because that’s one of the few parts of it that was popular. And the media let’s it stand unchallenged. What does Kaul think about the other parts of Obamacare? Is he cool with the individual mandate? How about the ballooning costs? Does he like the drastically reduced options through the Obamacare exchanges – with some counties having only one option? Does Kaul love him some higher taxes? Obamacare is full of those. What about the fact that it is utterly unconstitutional (and yes, Roberts was wrong)?

I guess if you really like Obamacare that you should vote for Josh Kaul. Duly noted.

Kavanaugh Hearing Begins

Heh.

As his confirmation hearings begin, an ABC News/Washington Post poll finds the public evenly divided on Brett Kavanaugh’s nomination to the U.S. Supreme Court – among the lowest support levels for a high court nominee in polling back to 1987.

Six in 10 Americans also say Kavanaugh should publicly state his position on abortion before being confirmed. And there’s a substantial shift from 2005 in views on how the court should deal with abortion access – fewer say it should make it harder to get an abortion, more say the court should make it easier.

Thirty-eight percent of Americans say Kavanaugh should be confirmed, 39 percent not, with the rest undecided in this poll, produced for ABC by Langer Research Associates. Only two nominees have had weaker public support: Harriet Miers, who withdrew her nomination, in 2005; and Robert Bork, rejected by the Senate in 1987.

The lefty media seems to be in high frenzy about this. I would point out that I highly doubt that 6 in 10 Americans could name 2 things on Kavanaugh’s resume that qualifies him, or disqualifies him, from sitting on the Supreme Court. The reason that this process is set up the way it is and the Justices have lifetime appointments is precisely to insulate them from the whims of public opinion. If we are going to start listening to polls when appointing SCOTUS justices, then we should just make them elected positions like in Wisconsin.

Hopefully the Senate will ignore the manufactured wails from the media and get this done in a professional and efficient manner.

Taxpayers On Hook for Illegal Promise by UWO Chancellor

Ugh.

OSHKOSH – The University of Wisconsin-Oshkosh must pay $15 million to cover the debts of the university’s private foundation in connection to several high-profile building projects, a federal judge ruled Wednesday.

That puts the foundation’s outstanding debt, ultimately, on the taxpayers of Wisconsin. However, the state can, and likely will, appeal the decision.

Chief U.S. Bankruptcy Judge Susan Kelley issued a partial summary judgment Wednesday, saying letters from two former UW-Oshkosh administrators, promising to use university money to bail out the foundation, constitute enforceable contracts and therefore must be honored.

Irrespective of what the letters said, the administrators were not legally permitted to make that commitment on behalf of the taxpayers any more than I am. It seems to me that the Foundation’s recourse is to sue the former administrators.

Street Car Menace in Milwaukee

I realize that this is coming from a law firm looking to cash in, but the injuries are real. This street car looks like it’s a menace.

Three motorcycle riders have crashed on the same section of tracks for the Milwaukee Streetcar, according to a Milwaukee law firm representing the injured riders.

Attorneys with Hupy and Abraham say they are now concerned about the safety of the thousands of riders in town for Harley Davidson’s 115th Anniversary.

The area of concern is on St. Paul Avenue just west of Water Street. One victim said he tried to cross the tracks to get into the left turn lane when his tire got stuck.

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