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A federal judge in Texas is set to hear arguments on whether he should end the Deferred Action for Childhood Arrivals program, a case that could tee up a fast track for the issue to hit the Supreme Court this fall.District Judge Andrew Hanen, a George W. Bush appointee, will hear arguments from seven states that sued over DACA, a program that protects from deportation young undocumented immigrants who came to the US as children. The states, led by Texas, argue the DACA program is unconstitutional -- relying heavily on a previous court ruling from Hanen that blocked an expansion of the program and the creation of a similar program for immigrant parents from going into effect.At issue Wednesday will be whether Hanen should immediately order a halt to the program, setting the stage for him to make a final ruling on its constitutionality. 854
A judge ruled Tuesday the City of Omaha must release a video showing the death of a TV crewman during a shootout at Wendy's in 2014.Bryce Dion, a sound mixer on a shoot at a Wendy's in Omaha for the reality TV show "Cops," was shot and killed Aug. 26, 2014, after Omaha Police returned fire on a man who shot a pellet gun at officers. Officers were called to the restaurant on a report of a robbery.In the video, someone could be heard repeatedly asking, "Bryce, are you alright?" He can be seen slumped against a glass wall in the vestibule of the restaurant.Dion was wearing a bulletproof vest, but was hit with a bullet under his armpit. The suspect, Cortez Washington, who was using an airsoft pellet gun, was also killed.In 2016, Dion's brother, Trevor Dion, filed a wrongful death lawsuit against the city, which had asked a Douglas County District judge to bar the release of the video, according to the Omaha World-Herald. The lawsuit says Dion was doing as instructed when he was hit by gunfire from an Omaha police officer.“Bryce positioned himself where told, when told, and acted in accord with police officer instructions. The perpetrator drew what appeared to be a pistol, but proved to be a pellet gun that simulated discharge. Police responded with live rounds of ammunition. They shot and killed the perpetrator. As they did so, they also shot and killed Bryce who was positioned as directed between at least one police officer who arrived at the scene belatedly, other police officers, and the perpetrator.”Brian Jorde, Dion's attorney, says he plans to use the video and other evidence at trial. The proceedings are expected to begin sometime after July."There's approximately 20 bullet holes just near the area of where Mr. Dion was alone so there's a significant amount of gunfire that was exchanged," Jorde said. "We think the public deserves to know what happens when their taxpayer dollars are at work with the police and otherwise. And I think it sheds light on exactly what happened and that Mr. Dion was caught in the line of the crossfire through no fault of his own."Omaha City Attorney Paul Kratz said the city played the video in court Tuesday to support its motion for the case to be dismissed."The city presented the video to the court in support of its motion for summary judgment, and we believe the video will support that motion," Kratz said when reached by phone Tuesday night. 2468

A federal judge in Pennsylvania says he won’t stop officials from certifying election results that show Democrat Joe Biden winning the state by more than 80,000 votes. U.S. District Judge Matthew Brann on Saturday turned down the request by President Donald Trump’s campaign as it sought the state’s 20 electoral votes. Those votes still would not have been enough on their own to hand Trump a second term. Pennsylvania counties took different approaches to notify voters before the election about technical problems with how they had filled out and returned mail-in ballots. Trump’s campaign argued that violated the U.S. Constitution’s equal protection guarantee. 673
A federal judge has dismissed several charges against Dr. Jumana Nagarwala in the historic female genital mutilation case, ruling that the federal law against female genital mutilation is unconstitutional.U.S. District Court Judge Bernard Friedman ruled that Congress did not have the power to enact a federal law that banned female genital mutilation in the United States.Instead, Friedman made the argument that the law was too broad and it violated Congress' powers, as the law does not stand up to scrutiny under either the Necessary and Proper Clause or the Commerce Clause of the US Constitution.He also found that laws penalizing Female Genital Mutilation should be handled at the state level, similar to laws regarding Criminal Sexual Conduct, battery or child abuse. Shannon Smith is the Defense Attorney for Dr. Nagarwala. She says the ruling is "absolutely a huge victory. When you actually studied the law they enacted, there was no constitutional basis for them to enact the law. It’s really an issue that should be left to the states."Smith also claims the doctors did not perform Female Genital Mutilation, saying instead they performed a mild form of female circumcision."What Dr. Nagarwala was doing, if we had gone to trial, would have been vindicated that she was not mutilating little girls. While we’re happy with the victory and we’ll certainly take it, there’s a part of me that’s a little disappointed that the public isn’t going to see the evidence brought out at a trial to see that she was never guilty of it in the first place," Smith said.The ruling comes after Friedman also dismissed a "conspiracy to transport minor with intent to engage in criminal sexual activity" charge in January. That was the only count that could have lead to life in prison for both Nagarwala and Dr. Fakhruddin Attar.Friedman's ruling leaves two counts in place in the case. Nargarwala is charged with "conspiracy to travel with intent to engage in illicit sexual conduct," and four of the defendants are charged with conspiracy to obstruct an official proceeding.Judge dismisses several charges in FGM case by WXYZ-TV Channel 7 Detroit on Scribd 2194
A federal jury in Oregon on Friday acquitted an FBI agent accused of lying to authorities about whether he opened fire during the fatal shooting of LaVoy Finicum, one of the leaders of the occupation of federal property in 2016.Agent W. Joseph Astarita was acquitted of making false statements and obstruction of justice, according to a statement from the US Attorney's Office in Portland.An attorney for Astarita, David Angeli, told CNN on Friday night that the defense emphasized during the trial there were no eyewitnesses who saw Astarita fire his weapon, and there was no ballistic evidence linking shots to his weapon."We are grateful to the men and women of the jury who saw through a case that never should have been brought," a statement from Angeli and fellow defense attorney Rob Cary said.The US Attorney's Office thanked the jury for its service. "Our system of justice relies on the absolute integrity of law enforcement officials at all levels of government," US Attorney Billy J. Williams said in a statement. Williams said the three-week trial included testimony from FBI agents, state and local law enforcement officers, forensic scientists and ballistics experts. 1190
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