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INDIANAPOLIS -- Former Subway pitchman and convicted child predator Jared Fogle is continuing his quest to be released from prison early – most recently by asking a federal judge allow him to withdraw his guilty plea.Fogle pleaded guilty in 2015 to federal charges of conspiracy to distribute/receive child pornography and of traveling to engage in illicit sexual conduct with a minor. He also agreed, as part of his plea, to pay 0,000 each to fourteen unnamed juvenile victims as restitution.Judge Tanya Walton-Pratt sentenced Fogle to serve more than 15 years in prison on the charges. Fogle has been serving that sentence at the federal penitentiary in Englewood, Colorado.Since his sentencing, however, Fogle has filed dozens of motions seeking to have his sentence either reduced or thrown out altogether.Last month, Fogle, who is now representing himself in the case, argued that Pratt “has bias” against him because she was the mother of two teenage daughters at the time of his sentencing. That claim was easily disproven, though: Pratt has only one daughter, and said daughter was 24 at the time Fogle pleaded guilty.Fogle’s most consistent claim – which he has repeated in multiple filings and is now pursuing in two separate cases (Fogle v. Walton-Pratt et al and Fogle v. USA) – is that he was wrongfully allowed to plead guilty to a conspiracy charge in the case. Fogle contends that no such charge exists under federal law.Fogle’s claim appears to stem from a reading of the statute under which he was sentenced – 18 U.S. Code § 2252(a)(2) – that overlooks or ignores a latter passage that states, “Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years…”Fogle, as noted in the plea agreement he signed, is accused of conspiring to violate paragraph (2) of subsection (a).In a filing to the court on March 5, Fogle excerpts section (a) of the statute, while omitting section (b) entirely.In another filing under his “conspiracy” argument, Fogle included portions of letters between former FBI Director J. Edgar Hoover and former Republican U.S. Rep. Karl M. Le Compte dated 1946 – along with a portion of the Communist Control Act of 1954.Fogle also included portions of a transcript from the 2016 United States v. Frank Edwin Pate case in which he appears to have underlined sections containing language about “aiding and abetting.” Pate – who is incarcerated at the same prison as Fogle on a 2015 conviction for wire and mail fraud – was ultimately unsuccessful in that case.Although Fogle asks the court to “take judicial notice” of the facts presented in his filing, he does not make clear what, if anything, he believes the information presented within has to do with his case – nor is it immediately apparent.A previous attempt by Fogle to appeal his sentence in the 7th Circuit Court of Appeals in Chicago was rejected by the court, which dismissed Fogle’s arguments in June 2016 as “unpersuasive.”In addition to Judge Pratt, Fogle’s request on Monday for immediate release and a hearing on the constitutionality of the charges he pleaded guilty to was also addressed to the warden of the Englewood Federal Correctional Institute and to President Donald Trump. It was not made clear in the filing what, if anything, he hoped President Trump could do for him. 3436
Ireland has voted an emphatic "Yes" to amend the country's constitution to enable legislation that would allow women to have an abortion in a historic and emotionally charged referendum.With a high turnout of 64.13%, 1,429,98, or 66.4%, voted for the amendment Friday and 723,632, or 33.6%, against, according to the country's Referendum Commission. The results that were announced Saturday defied earlier projections that it would be a tight race.Only one county voted no -- the rural and religiously conservative Donegal in northwest Ireland.The vote signifies a resounding victory for the government of Leo Varadkar, the Prime Minister, or Taoiseach as the office is called in Ireland."Today is a historic day for Ireland," Varadkar said at a press conference. "A quiet revolution has taken place, and today is a great act of democracy.""A hundred years since women gained the right to vote, today we as a people have spoken," he said. "And we say that we trust women and respect women to make their own decisions and their own choices." He noted that people in "almost every county, almost every constituency, men and women, all social classes and almost all age groups" voted to repeal the amendment. "We are not a divided country," he said.Chants of "Yes we did" rose from the crowd as the Referendum Commission's Returning Officer Barry Ryan announced the final results.It was a scene of jubilation as some supporters burst into tears. Others began laughing as they hugged one another and asked each other, "Can you believe we did this?"Emma Gallagher, 22, began crying as she heard the final results."I feel safe now, I feel comfortable," she told CNN. "It felt for a long time women didn't matter. ... Now we know that we matter."Rene Wogan, 66, held Gallagher's hand and told her, "It was all for justice. You're forwarding the flag on for women."Thousands of people packed the square in front of Dublin Castle as abortion rights politicians, including Varadkar, also joined the celebration.He told Sky TV he expected legislation to be voted through by the end of the year."I feel enormous relief and great pride in the people of Ireland who didn't maybe know what they thought until they were finally asked the questions," Ailbhe Smyth, a longtime women's rights activist, told CNN."It has been a long and very hard road, but we never lost sight of this because it's so central to the existence, and the selfhood and personhood of women to have that control of our own bodies."The Eighth Amendment, which was added to the constitution following a referendum in 1983, banned abortion in Ireland unless there was a "real and substantial risk" to the mother's life.Repeal of the amendment has completed a circle of sweeping social reforms in the European Union nation that fly in the face of the traditional teachings of the Catholic Church, from contraception to divorce, and most recently same-sex marriage.Roscommon, in the rural interior, the only county to say no to same-sex marriage, also voted yes in the abortion referendum.Thousands of Irish working abroad returned to Ireland to cast their vote.Those opposed to abortion vowed Saturday to take their fight now to the Irish Parliament, where lawmakers will have to bring about legislation allowing for terminations in the first 12 weeks of pregnancy -- and later in cases where there is a risk to the mother's life or the fetus is not expected to survive.Dr. Ruth Cullen, spokeswoman for the anti-abortion LoveBoth campaign, conceded defeat Saturday before the count had finished."We will hold the Taoiseach to his promise that repeal would only lead to abortion in very restrictive circumstances. He gave his word on this, now he must deliver on it. No doubt many people voted for repeal based on the Taoiseach's promises in this regard," Cullen said at a press conference Saturday.The death of an Indian dentist ignited the abortion rights campaign in Ireland. Savita Halappanavar, 31, died in 2012 because of complications from a natural miscarriage after abortion was denied to her.Voters over 65 were the only age group overall not supporting the repeal of the amendment.Ireland's vote will likely put pressure on Northern Ireland to change its abortion laws, too. Despite Northern Ireland being part of the UK, the 1967 Abortion Act legalizing abortions never applied there, and even victims of rape and incest are forced to travel to mainland Britain if they want a termination.The-CNN-Wire 4478
IRAPUATO, Mexico (AP) — Local Mexican officials again helped thousands of Central American migrants find rides Sunday on the latest leg of their journey toward the U.S. border.At a toll plaza to the west of the central Mexico city of Queretaro, where the group spent Saturday night, police prevented migrants from waylaying trucks on their own, but officers did help them find vehicles for rides.The government of Queretaro said via Twitter that 6,531 migrants had moved through the state between Friday and Saturday. It said that 5,771 of those departed Sunday morning after staying in three shelters it had prepared, the largest of which was a soccer stadium in the state capital.RELATED: First group of migrants from caravan arrives in?TijuanaThose numbers appeared even higher than counts made by officials when the group was in Mexico City for several days, raising the possibility that other migrants had caught up to the main caravan.Starting out before dawn, the migrants went on to Irapuato, an agricultural city about 62 miles (100 kilometers) to the west in neighboring Guanajuato state, and set up camp around a local family center and small sports complex.As on other days, the migrants jumped at any opportunity to catch rides. They piled onto flatbed trucks, hung from car carrier trailers and even stacked themselves four levels high on a truck that usually carries pigs.Miguel Ortiz of Honduras reclined in the pig trailer with his wife and son. He said they were headed to U.S. for a better life where they could work for more than just putting food on the table.Maria Isabel Reyes, 39, of Honduras travelled with her three daughters and a granddaughter."I feel happy by the grace of God," she said. "Because we're advancing little by little, but all of us here are moving forward."The migrants appear to be on a path toward Tijuana across the border from San Diego, which is still some 1,600 miles (2,575 kilometers) away.The caravan became a campaign issue in U.S. midterm elections and U.S. President Donald Trump has ordered the deployment of over 5,000 military troops to the border to fend off the migrants. Trump has insinuated without proof that there are criminals or even terrorists in the group.Many migrants say they are fleeing rampant poverty, gang violence and political instability primarily in the Central American countries of Honduras, Guatemala, El Salvador and Nicaragua, and they have now been on the road for weeks.Mexico has offered refuge, asylum or work visas to the migrants, and its government said 2,697 temporary visas had been issued to individuals and families to cover them while they wait for the 45-day application process for a more permanent status.But most vowed to continue to the United States."We can earn more (in the U.S.) and give something to our family. But there (in Honduras) even when we want to give something to our children, we can't because the little we earn it's just for food, to pay the house and the light, nothing else," said Nubia Morazan, 28, of Honduras as she prepared to set out Sunday with her husband and two children. 3110
INDIANAPOLIS -- Two teachers and a student at Decatur Central High School spent some time in the hospital on Monday after a man got into the school and tried to attack a studentA district spokesperson says anyone entering Decatur Central High School has to be buzzed through a locked door by an employee inside. Tyrese Little, 18, was buzzed into the school along with family members who had students who attend the high school. The school spokesperson said he was in the main office of the building when he saw a student with whom he had a problem and went into the hall to confront him.“I saw the wrestling coach try to stop him and he couldn’t really stop him and at that point, most of the teachers in that hallway had detained this person and got a hold of him and they had him in handcuffs,” student Jayson Wagner said. “The wrestling coach is a pretty big guy, and he couldn’t even stop him.”A 16-year-old student and two teachers were injured and taken to the hospital to be treated.The school was never placed on lockdown and Little did not have any weapons on him at the time of his arrest. The school spokesman says a school resource officer was nearby to help take little down.Little is charged with battery resulting in bodily injury and battery against a public safety official. 1317
In the hectic eight days after President Donald Trump fired FBI Director James Comey, Deputy Attorney General Rod Rosenstein and top FBI officials viewed Trump as a leader who needed to be reined in, according to two sources describing the sentiment at the time.They discussed a range of options, including the idea of Rosenstein wearing a wire while speaking with Trump, which Rosenstein later denied. Ultimately, then-acting FBI Director Andrew McCabe took the extraordinary step of opening an obstruction of justice investigation even before special counsel Robert Mueller was appointed, the sources said. The obstruction probe was an idea the FBI had previously considered, but it didn't start until after Comey was fired. The justification went beyond Trump's firing of Comey, according to the sources, and also included the President's conversation with Comey in the Oval Office asking him to drop the investigation into his former national security adviser Michael Flynn.The new details about the genesis of the obstruction case into Trump that became a key element of the Mueller probe shed light on the chaotic week following Comey's firing and the scramble to decide how best to respond. They also help to explain the origins of the Mueller investigation that has stretched across 19 months, consumed Trump's presidency and is building toward a dramatic day of courtroom filings on Friday.A Justice Department official strongly disputed Rosenstein sought to curb the President, emphasizing that his conversations with McCabe were simply about talking through ways to conduct the investigation. "He never said anything like that," the source added.Other sources said that the FBI would only take such dramatic action if officials suspected a crime had been committed. But Rosenstein and other senior FBI officials also had deep concerns about Trump's behavior and thought he needed to be checked, according to the sources.A spokeswoman for McCabe did not provide comment for this story."It's shocking that the FBI would open up an obstruction case for the President exercising his authority under Article II," said the President's attorney Rudy Giuliani.The Washington Post first reported last year that the obstruction investigation started before Mueller's appointment, but the sources offered a more complete picture of the drastic actions law enforcement leaders took during that feverish period.Prior to Comey's firing, top FBI officials had discussed opening an obstruction investigation based on the President saying to Comey, "I hope you can let this go" when discussing Flynn. That episode was later described in memos Comey wrote following the February meeting that the former FBI director would leak soon after his firing.Comey's attorney did not comment for this story, but pointed to Comey's 2017 testimony to the Senate Intelligence Committee.Comey, however, hinted at the discussion in his book."We resolved to figure out down the road what to do with the president's request and its implications as our investigation progressed," he wrote.Then, on May 9, Comey was fired.The subsequent meetings led by Rosenstein and McCabe were held soon after the White House made clear that Rosenstein's memo addressing concerns about Comey's conduct during the Hillary Clinton probe was central to the President's decision. One of the sources likened it to "spitballing" about potential steps in the mold of "What are the options. What makes sense. What doesn't?"For the deputy attorney general, the obstruction investigation into Trump and the appointment of the special counsel has turned his entire Justice Department tenure into an awkward role of supervising the Mueller investigation after he -- voluntarily, sources said -- wrote the memo justifying Comey's firing. Critics have argued the Comey memo makes Rosenstein a potential witness in the obstruction case. 3895