U.S. Justice Department resumes use of the death penalty, schedules five executions

FILE PHOTO: U.S. Attorney General William Barr at the "2019 Prison Reform Summit" in the East Room of the White House in Washington, U.S., April 1, 2019. REUTERS/Yuri Gripas

By Sarah N. Lynch

WASHINGTON (Reuters) – The U.S. Justice Department announced on Thursday it was reinstating a two-decades long-dormant policy to resume the federal government’s use of capital punishment and immediately scheduled the executions for five death row federal inmates.

“Congress has expressly authorized the death penalty through legislation adopted by the people’s representatives in both houses of Congress and signed by the President,” Attorney General William Barr said in a statement.”

“The Justice Department upholds the rule of law – and we owe it to the victims and their families to carry forward the sentence imposed by our justice system.”

U.S. President Donald Trump has called for increasing use of the death penalty for drug traffickers and mass shooters.

The Justice Department said it has scheduled executions for five federal inmates who have been convicted of horrific murders and sex crimes.

Those inmates include Daniel Lewis Lee, a white supremacist who was convicted in Arkansas for murdering a family of three, including an eight-year-old girl.

Another one of the five is Lezmond Mitchell, who was found guilty by a jury in Arizona of stabbing a 63-year-old grandmother and forcing her young granddaughter to sit next to her lifeless body on a car journey before slitting the girl’s throat.

“Each of these inmates has exhausted their appellate and post-conviction remedies,” the department said, adding that all five executions will take place at the U.S. Penitentiary Terre Haute in Indiana.

(Reporting by Sarah N. Lynch; Editing by Chizu Nomiyama and Sonya Hepinstall)

Democrats and Republicans can’t even agree on the weather: Reuters/Ipsos poll

The contents of grain silos which burst from flood damage are shown in Fremont County Iowa, U.S., March 29, 2019. REUTERS/Tom Polansek

By Maria Caspani

NEW YORK (Reuters) – Only 200 miles separate Michael Tilden and Miranda Garcia in rain-soaked Iowa. But they are worlds apart when it comes to their opinion of the weather.

Garcia, a 38-year-old former journalist and Democrat from Des Moines, thinks flooding has been getting worse in the state, which just came out of its wettest 12-months on record. Tilden, a 44-year-old math teacher and Republican from Sioux City, thinks otherwise: “I’ve noticed essentially the same weather pattern every single year,” he said.

Their different takes underscore a broader truth about the way Americans perceive extreme weather: Democrats are far more likely to believe droughts, floods, wildfires, hurricanes and tropical storms have become more frequent or intense where they live in the last decade, according to a Reuters/Ipsos poll.

The divergence shows how years of political squabbling over global warming – including disputes over its existence – have grown deep roots, distorting the way Americans view the world around them. The divide will play into the 2020 election as Democratic hopefuls seek to sell aggressive proposals to reduce or even end fossil fuel consumption by drawing links between climate change and recent floods, storms and wildfires.

Nearly two-thirds of Democrats believe severe thunderstorms and floods have become more frequent, compared to 42% and 50% of Republicans, respectively, according to the poll.

About half of Democrats, meanwhile, think droughts, hurricanes and tropical storms are more common in their region, versus less than a third of Republicans, according to the poll.

Similarly, nearly seven in 10 Democrats said in the poll that severe weather events such as thunderstorms have become more intense, compared to 4 of 10 Republicans. And nearly half of Republicans said there has been no change in the intensity of severe weather over the past decade, versus a fifth of Democrats.

The Reuters/Ipsos poll was conducted online in English between June 11 and 14 and gathered responses from 3,281 people. It has a credibility interval, a measure of precision, of 2 percentage points up or down.

U.S. government researchers have concluded that tropical cyclone activity, rainfall, and the frequency of intense single-day storms have been on the rise, according to data compiled by the Environmental Protection Agency.

For example, six of the 10 most active years for tropical cyclones in the Atlantic basin since 1950 have occurred since the mid-1990s, and nine of the top 10 years for extreme one-day precipitation events nationwide have occurred since 1990, according to the data.

“We do expect to see more intense storms,” said David Easterling, a spokesman for the National Oceanographic and Atmospheric Administration’s National Centers for Environmental Information.

An overwhelming majority of scientists believe human consumption of fossil fuels is driving sweeping changes in the global climate by ramping up the concentration of heat-trapping gases in the atmosphere. But it is impossible to draw a direct link between the changes in U.S. weather in the recent past to the larger trend of warming.

President Donald Trump has cast doubt on the science of climate change, saying he believes that research into its severity, causes and effects is not yet settled. Two years ago he announced the United States would withdraw from a global pact to reduce carbon emissions, the Paris Climate Agreement, a deal Trump said could damage the U.S. economy.

Still, a majority of Republicans believe the United States should take “aggressive action” to combat global warming, Reuters polling shows.

Some Republican lawmakers have offered proposals for “market-based” approaches to fend off climate change, such as cap-and-trade systems that would force companies to cut carbon emissions or buy credits from those that do.

Democrats are pushing more aggressive ideas. Nearly all of the party’s presidential hopefuls, who seek to unseat Trump in next year’s election, have put forward proposals to end U.S. fossil fuels consumption within a few decades to make the country carbon neutral.

Trump has slammed the idea, saying it would “kill millions of jobs” and “crush the dreams of the poorest Americans.”

PARTISAN GOGGLES

Jennifer Marlon, a research scientist at the Yale Program on Climate Change Communication, said the divergence in the way American perceive the weather is being driven by factors including the news they consume and their social circles.

Liberals are more likely to expose themselves to news outlets and people who believe climate change is an urgent threat that affects current weather patterns. For more conservative Americans, the link between weather and climate change is “not a typical conversation,” Marlon said.

Last year, the Yale program – which carries out scientific research on public knowledge about climate change – set out to map the partisan divide on how people perceive the effects of global warming across the United States.

It found that 22% of Republicans reported personally experiencing climate change, compared to 60% of Democrats.

Scientists and researchers at the University of Michigan, the University of Exeter and others came to a similar conclusion in a 2018 study which found that political bias and partisan news reporting can affect whether people indicate experiencing certain extreme weather events.

(Reporting by Maria Caspani; Editing by Richard Valdmanis and Brian Thevenot)

Mueller says he did not exonerate Trump, U.S. policy precluded charges

Former Special Counsel Robert Mueller testifies before a House Judiciary Committee hearing on the Office of Special Counsel's investigation into Russian Interference in the 2016 Presidential Election" on Capitol Hill in Washington, U.S., July 24, 2019. REUTERS/Jonathan Ernst

By David Morgan and Jan Wolfe

WASHINGTON (Reuters) – Former Special Counsel Robert Mueller on Wednesday told a dramatic U.S. congressional hearing he had not exonerated President Donald Trump of obstruction of justice and indicated he would have sought his indictment were it not for a Justice Department policy against bringing charges against a sitting president.

Mueller, answering questions publicly for the first time on his inquiry, also defended the integrity of his investigation as he appeared for eagerly anticipated testimony at the first of two back-to-back televised congressional hearings that carry high stakes for Trump and Democrats who are split between impeaching him or moving on to the 2020 election.

(https://www.reuters.com/live/mueller-report)

The former FBI director, who spent 22 months investigating what he concluded was Russian interference in a “sweeping and systematic fashion” in the 2016 U.S. election to help Trump and the president’s conduct, appeared first before the House of Representatives Judiciary Committee.

The committee’s Democratic chairman, Jerrold Nadler, praised Mueller and said no one, including Trump, is “above the law.”

But Trump’s Republican allies on the committee tried to paint Mueller’s investigation as unfair to the president, with Louie Gohmert heatedly telling him “you perpetuated injustice” and conservative congressman Guy Reschenthaler calling the manner in which the inquiry was conducted “un-American.”

Mueller’s 448-page report, released in redacted form on April 18, did not reach a conclusion on whether Trump committed the crime of obstruction of justice in a series of actions aimed at impeding the inquiry, but did not exonerate him.

Democratic Representative Ted Lieu asked Mueller if the reason he did not bring a criminal indictment against Trump was the Justice Department’s longstanding policy crafted by its Office of Legal Counsel against bringing criminal charges against a sitting president.

“That is correct,” Mueller said.

Trump has claimed that the Mueller inquiry resulted in the president’s “complete and total exoneration.”

“Did you actually totally exonerate the president?” Nadler asked Mueller.

“No,” Mueller replied.

Mueller’s then-spokesman Peter Carr and Justice Department spokeswoman Kerri Kupec issued a joint statement on May 29 saying that Attorney General William Barr had previously stated that Mueller “repeatedly affirmed that he was not saying that, but for the OLC (Justice Department Office of Legal Counsel) opinion, he would have found the President obstructed justice.”

Asked at the hearing whether he stood by that May 29 statement, Mueller said, “I would have to look at it more closely.”

Mueller, accused by Trump of heading a “witch hunt” and trying to orchestrate a “coup” against the Republican president, said his inquiry was conducted in “a fair and independent manner” and that members of the special counsel’s team “were of the highest integrity.”

Trump has accused Mueller of having conflicts of interest, including saying Mueller wanted the president to appoint him as FBI director after firing James Comey. Mueller disputed Trump’s account, saying he had not sought the FBI job from Trump. Mueller noted that Justice Department ethics officials confirmed he had no such conflicts.

“Let me say one more thing,” Mueller said. “Over the course of my career, I have seen a number of challenges to our democracy. The Russian government’s effort to interfere with our election is among the most serious.”

The interrogation of Mueller, a reluctant witness who appeared only after being subpoenaed, afforded an opportunity for Americans, who may not have pored over the lengthy and sometimes dense report, to hear his conclusions in a highly charged hearing scheduled by Democrats, with Trump running for re-election in 2020.

‘A LITTLE FAST’

Mueller, 74, was surrounded by news photographers as he took his place in the packed hearing room, showing little apparent emotion as he scanned the scene. Mueller faced a series of rapid-fire questions from lawmakers in both parties, several times asking them to repeat their questions and often referring them to the text of the report itself. Some Republicans interrupted Mueller as he was trying to answer questions.

“That went a little fast for me,” Mueller told Doug Collins, the committee’s top Republican, at one point.

Mueller avoided being drawn into arguments with Republicans who hammered away at his inquiry, often frustrating lawmakers with responses such as “I am not going to get into that.”

“And if I can finish,” Mueller told Republican Matt Gaetz after the congressman interrupted him.

In a comment sure to disappoint Republicans, Mueller said he would not answer questions about the origins of the Russia probe in the FBI before he was named to take over the inquiry in 2017 or about a controversial dossier compiled by a former British intelligence agent. Republicans have tried to portray the investigation as a politically motivated attack on Trump cooked up by Democrats and various enemies.

Mueller was set to testify later in the day before the House Intelligence Committee. Democrats control the House, while Trump’s fellow Republicans control the Senate.

Democrats entered the hearings hoping his testimony would rally public support behind their own ongoing investigations of the president and his administration. Democrats are deeply divided over whether to launch the impeachment process set out in the U.S. Constitution for removing a president from office for “high crimes and misdemeanors.”

Mueller’s inquiry detailed numerous contacts between Trump’s 2016 presidential campaign and Russia at a time when the Kremlin was interfering in the 2016 U.S. election with a scheme of hacking and propaganda to sow discord among Americans and boost Trump’s candidacy.

Mueller’s investigative report said the inquiry found insufficient evidence to establish that Trump and his campaign engaged in a criminal conspiracy with Russia.

‘NOT EXCULPATED’

Democrats focused on five actions by Trump that Mueller had investigated as potential obstruction of justice, including at one point telling his White House counsel to remove the special counsel.

“Obstruction of justice strikes at the core of the government’s efforts to find the truth and to hold wrongdoers accountable,” Mueller testified.

Under questioning by Nadler, Mueller acknowledged that the report detailed “multiple acts by the president that were capable of exerting undue influence over law enforcement investigations, including the Russian interference and obstruction investigations.”

“Well, the finding indicates … that the president was not exculpated for the acts that he allegedly committed,” Mueller told Nadler.

Attorney General William Barr, a Trump appointee, subsequently cleared the president of obstruction of justice after receiving Mueller’s report.

In his opening statement, Mueller reiterated that his team had decided not to make a determination on the question of obstruction. “Based on Justice Department policy and principles of fairness, we decided we would not make a determination as to whether the president committed a crime. That was our decision then and remains our decision today,” Mueller said.

Nadler said in his opening statement that Mueller conducted the inquiry with “remarkable integrity” and was “subjected to repeated and grossly unfair personal attacks.”

“Although department policy barred you from indicting the president for this conduct, you made clear that he is not exonerated. Any other person who acted in this way would have been charged with crimes. And in this nation, not even the president is above the law,” Nadler said.

Republican congressman John Ratcliffe accused Mueller of exceeding his authority in the report’s extensive discussion of potential obstruction of justice by Trump after the special counsel made the decision not to draw a conclusion on whether Trump committed a crime. Ratcliffe agreed that Trump was not above the law, but said the president should not be “below the law” either.

Republican Collins said the facts of the Mueller report are that “Russia meddled in the 2016 election. The president did not conspire with Russians. Nothing we hear today will change those facts.”

“The president watched the public narrative surrounding the investigation assume his guilt while he knew the extent of his innocence,” Collins said. “The president’s attitude towards the investigation was understandably negative, yet the president did not use his authority to close the investigation.”

Republican Representative Steve Chabot said Wednesday’s hearing was the “last, best hope” by Democrats “to build up some sort of groundswell across America to impeach President Trump. That’s what this is really all about today.” Chabot also told Mueller some people thought his report was “a pretty one-sided attack on the president.”

Republican Representative James Sensenbrenner noted that Mueller’s report never referred to actions by Trump as potentially impeachable conduct.

Before the hearing, Trump complained on Twitter that Mueller had not investigated various of the president’s foes including 2016 Democratic presidential candidate Hillary Clinton and, referring to the former special counsel, “HIMSELF.” During the hearing, Trump posted a tweet that quoted a Fox News anchor as calling the hearing a “disaster” for Democrats and Mueller’s reputation.

Mueller’s investigation led to criminal charges against 34 people and three Russian entities. People who were convicted at trial or pleaded guilty included Trump’s former campaign chairman and other aides.

With a no-nonsense reputation, Mueller is a Marine Corps combat veteran from the Vietnam War who later served as a federal prosecutor and became the architect of the modern FBI after the Sept. 11, 2001, attacks on the United States. Mueller served as FBI director from 2001 to 2013 under presidents in both parties.

(Reporting by David Morgan and Jan Wolfe; Additional reporting by Doina Chiacu, Sarah N. Lynch, Makini Brice, Susan Cornwell, Richard Cowanl Patricia Zengerle; Writing by Will Dunham; Editing by Jonathan Oatis)

North Carolina ‘bathroom bill’ settlement approved

FILE PHOTO: A bathroom sign welcomes both genders in Durham, North Carolina May 3, 2016. REUTERS/Jonathan Drake

By Alex Dobuzinskis

(Reuters) – Transgender people in North Carolina can use any public restroom in state-run buildings that conforms with their gender identity under a U.S. court settlement approved on Tuesday, in the latest turn of a long-running dispute that divided the state.

The settlement, which overturns part of state law, ends a three-year legal fight by transgender people in North Carolina seeking the right to use the bathroom of their gender identity.

A 2016 North Carolina law, known as House Bill 2, required transgender people in state-run buildings use the bathrooms, changing rooms and showers that corresponded to the sex on their birth certificates.

The American Civil Liberties Union represented transgender plaintiffs seeking to block the law in court, arguing it violated their rights to equal protection and privacy under the U.S. Constitution.

“While this part of the court fight may be ending, so much urgent work remains as long as people who are LGBTQ are denied basic protections from violence and discrimination simply because of who they are,” Irena Como, acting legal director of the ACLU of North Carolina, said in a statement.

Some businesses and sports leagues boycotted North Carolina after the passage of the law, which they saw as discriminatory against the lesbian, gay, bisexual, and transgender (LGBT) community.

Lawmakers in some other states had proposed similar legislation that failed to advance.

U.S. District Judge Thomas Schroeder ruled in 2016 that the state’s university system must allow transgender students to use bathrooms matching their gender identity.

Democratic former President Barack Obama’s administration also challenged the law in court.

Facing pressure in the courts, the North Carolina legislature in 2017 replaced House Bill 2 with House Bill 142.

The bill stated that the state legislature had the power to regulate bathroom access, but the legislature did not take action at that time to define access.

The new law left transgender people in limbo, according to the ACLU, which amended its lawsuit to challenge the new law.

The ACLU and the group Lambda Legal later reached a settlement with North Carolina Governor Roy Cooper, a Democrat, the ACLU said in a statement. It went to Schroeder for final approval.

Schroeder, in an eight-page ruling on Tuesday, said the settlement bars state officials from using the legislation “to prevent transgender people from lawfully using public facilities in accordance with their gender identity.”

The Republican-controlled North Carolina General Assembly filed court papers opposing the settlement.

House Bill 142 continues to prohibit cities in North Carolina from creating their own ordinances protecting LGBT people from discrimination until December 2020, and that was not affected by the agreement, according to the ACLU.

(Reporting by Alex Dobuzinskis in Los Angeles; editing by Jonathan Oatis)

China warns of war in case of move toward Taiwan independence

FILE PHOTO: A demonstrator holds flags of Taiwan and the United States in support of Taiwanese President Tsai Ing-wen during an stop-over after her visit to Latin America in Burlingame, California, U.S., January 14, 2017. REUTERS/Stephen Lam/File Photo

By Michael Martina

BEIJING (Reuters) – China warned on Wednesday that it was ready for war if there was any move toward Taiwan’s independence, accusing the United States of undermining global stability and denouncing its arms sales to the self-ruled island.

The Pentagon said this month the U.S. State Department had approved sales of weapons requested by Taiwan, including tanks and Stinger missiles estimated to be worth $2.2 billion.

China responded by saying it would impose sanctions on U.S. firms involved in any deals.

Defense ministry spokesman Wu Qian told a news briefing on a defense white paper, the first like it in several years to outline the military’s strategic concerns, that China would make its greatest effort for peaceful reunification with Taiwan.

“However, we must firmly point out that seeking Taiwan independence is a dead end,” Wu said.

“If there are people who dare to try to split Taiwan from the country, China’s military will be ready to go to war to firmly safeguard national sovereignty, unity, and territorial integrity,” he said.

The United States is the main arms supplier to Taiwan, which China deems a wayward province. Beijing has never renounced the use of force to bring the island under its control.

The United States has no formal ties with democratic Taiwan, but is bound by law to help provide it with the means to defend itself.

The Chinese ministry said the United States had “provoked intensified competition among major countries, significantly increased its defense expenditure … and undermined global strategic stability.”

‘MALICIOUS ACTS’

Taiwan’s Mainland Affairs Council said later in a statement that Beijing’s “provocative behavior … seriously violated the peace principle in international laws and relations, challenging regional safety and order”.

“We urge Beijing authorities to renounce irrational, malicious acts such as the use of force, and to improve cross-strait relations and handle issues including Hong Kong rationally so that it can be a responsible regional member,” it said.

In Beijing, asked how China’s military would handle escalating protest violence in Hong Kong’s widening crisis over a controversial extradition bill, Wu referred only to the territory’s garrison law, which he said “already has a clear stipulation”.

That law states that the Hong Kong government can request the People’s Liberation Army (PLA) garrison’s assistance to maintain public order.

But legal scholars say it is a very high threshold, and some retired security officials say any involvement by PLA units in Hong Kong security would shatter the “one country, two systems” formula under which the former British colony returned to China in 1997.

Wu also said reports of a secret pact with Cambodia granting China’s armed forces exclusive access to part of the Southeast Asian nation’s Ream Naval Base on the Gulf of Thailand were “not in accordance with the facts”.

“China and Cambodia have in the past carried out positive exchanges and cooperation on military drills, personnel training and logistics,” he said. “This kind of cooperation does not target any third party.”

(Reporting by Michael Martina; Additional reporting by Yimou Lee in TAIPEI; Editing by Clarence Fernandez and Nick Macfie)

U.S. to unveil more trade aid for farmers this week: Perdue

FILE PHOTO: U.S. Agriculture Secretary Sonny Perdue (C) tours the Brabant Farms in Verona, New York, U.S., August 23, 2018. Picture taken August 23, 2018. REUTERS/Shannon Stapleton

WASHINGTON (Reuters) – The Trump administration will unveil the details of its next round of trade-related aid to farmers before the end of this week, Agriculture Secretary Sonny Perdue said on Tuesday.

“We’ll have information for you before the weekends,” he told reporters when asked about the aid, which is intended to help farmers stung by the U.S. trade war with China.

(Reporting by Humeyra Pamuk; Editing by Paul Simao)

Trump hopes to decide soon on when to release Mideast peace plan: envoy

FILE PHOTO - Jason Greenblatt (C), U.S. President Donald Trump's Middle East envoy, arrives to visit Kibbutz Nahal Oz, just outside the Gaza Strip, in southern Israel August 30, 2017. REUTERS/Amir Cohen

By Michelle Nichols

UNITED NATIONS (Reuters) – U.S. President Donald Trump hopes to decide soon on when to release a plan for peace between Israel and the Palestinians that “will not be ambiguous,” his Middle East envoy Jason Greenblatt told the United Nations Security Council on Tuesday.

Greenblatt and senior White House adviser Jared Kushner have spent two years developing the plan, made up of political as well as economic components, which they hope will provide a framework for renewed talks between Israel and the Palestinians.

“President Trump has not yet decided when we will release the political portion of the plan, and we hope to make that decision soon,” Greenblatt told the 15-member Security Council.

While Greenblatt did not reveal any details of the “60-or-so”-page plan, he said the conflict could not be solved using global consensus, international law and references to U.N. resolutions – sparking strong rebuttals from council members.

“For us, international law is not menu a la carte,” Germany’s U.N. Ambassador Christoph Heusgen told the council.

“There are other instances where U.S. representatives here insist on international law, insist on the implementation of U.N. Security Council resolutions, for instance on North Korea,” Heusgen said.

Several council members, including Russia, Britain, France and Indonesia, echoed Heusgen.

“Security Council resolutions are international law, they merely need to be complied with,” Russia’s U.N. Ambassador Vassily Nebenzia said.

France would support any peace effort “so long as this aligns with the approach that we have set out together, so long as this adheres to international law, specifically all resolutions of the Security Council,” French U.N. Ambassador Nicolas de Riviere said.

The U.S.’ Middle East proposal has two major components – a political piece that addresses core issues such as the status of Jerusalem, and an economic portion that aims to strengthen the Palestinian economy.

Kushner and Greenblatt have not said, however, whether it calls for a two-state solution, a goal of past peace efforts.

“A comprehensive and lasting peace will not be created by fiat of international law or by these heavily wordsmithed, unclear resolutions,” Greenblatt said. “The vision for peace that we plan to present will not be ambiguous, unlike many resolutions that have passed in this chamber.”

He said it would provide enough detail for people to see “what compromises will be necessary to achieve a realistic, lasting, comprehensive solution to this conflict.”

Greenblatt called on the Palestinians “to put aside blanket rejections of a plan they have not even seen” and show a willingness to engage in talks with Israel. He also urged the Security Council to encourage the parties back to the negotiating table.

Nebenzia suggested a visit by the Security Council to the region was overdue and could be helpful. The United States has long objected to a council visit, which has to be agreed by consensus, diplomats said.

(Reporting by Michelle Nichols; editing by Paul Simao and G Crosse)

U.S. to ramp up rapid deportations with sweeping new rule

A U.S. Customs and Border Protection vehicle parks near the border fence between Mexico and U.S. as seen from Tijuana, Mexico July 22, 2019. REUTERS/Carlos Jasso

By Tom Hals

(Reuters) – The Trump administration said on Monday it will expand and speed up deportations of migrants who enter the United States illegally by stripping away court oversight, enabling officials to remove people in days rather than months or years.

Set to be published in the Federal Register on Tuesday, the rule will apply “expedited removal” to the majority of those who enter the United States illegally unless they can prove they have been living in the country for at least two years.

Legal experts said it was a dramatic expansion of a program already used along the U.S.-Mexican border that cuts out review by an immigration judge, usually without access to an attorney. Both are available in regular proceedings.

“The Trump administration is moving forward into converting ICE (Immigrations and Customs Enforcement) into a ‘show me your papers’ militia,” said Vanita Gupta, the president of The Leadership Conference on Civil and Human Rights, on a call with reporters.

It was likely the policy would be blocked quickly by a court, several experts said. The American Civil Liberties Union, which has filed suit to block numerous Trump immigration policies in court, has vowed to sue.

President Donald Trump has struggled to stem an increase of mostly Central American families arriving at the U.S.-Mexico border, leading to overcrowded detention facilities and a political battle over a growing humanitarian crisis.

The government said increasing rapid deportations would free up detention space and ease strains on immigration courts, which face a backlog of more than 900,000 cases.

Nearly 300,000 of the approximately 11 million immigrants in the United States illegally could be quickly deported under the new rule, according to the nonpartisan Migration Policy Institute.

The Department of Homeland Security (DHS) said 37%, or 20,570, of those encountered by ICE in the year to September, had been in the country less than two years.

People in rapid deportation proceedings are detained for 11.4 days on average, according to DHS. People in regular proceedings are held for 51.5 days and are released into the United States for the months or years it takes to resolve their cases.

Legal experts said the rule shreds basic due process and could create havoc beyond immigrant communities.

“ICE has been detaining and deporting U.S. citizens for decades,” said Jackie Stevens, a political science professor at Northwestern University. That policy came at a great cost to U.S. taxpayers in terms of litigation and compensation, she added.

    ICE in 2003 became a successor agency to Immigration and Naturalization Services.

U.S. citizens account for about 1% of those detained by ICE and about 0.5% of those deported, according to Stevens’ research.

“Expedited removal orders are going to make this much worse,” she said.

The U.S. Court of Appeals for the 9th Circuit in San Francisco in March ruled that those ordered deported in the sped-up process have a right to take their case to a judge.

Previously, only those immigrants caught within 100 miles of the border who had been in the country two weeks or less could be ordered rapidly deported. The policy makes an exception for immigrants who can establish a “credible fear” of persecution in their home country.

(Reporting by Tom Hals in Wilmington, Delaware and Mica Rosenberg in New York; Editing by Richard Chang and Rosalba O’Brien)

Iran observes all U.S. ships in Gulf region: Iran navy chief

FILE PHOTO: Fleet replenishment oiler USNS Big Horn (T-AO 198) steams out to sea after a vertical replenishment with amphibious assault ship USS Boxer (LHD 4), Arabian Sea off Oman, July 19, 2019.Justin D. Rankin/U.S. Navy/Handout via REUTERS/File Photo

GENEVA (Reuters) – Iran observes all U.S. ships in the Gulf region and has an archive of images of their daily movements, the head of Iran’s navy, Rear Admiral Hossein Khanzadi, said on Tuesday, according to the Young Journalists Club news site.

Iran and the United States came to the brink of war last month after the Islamic Republic shot down a U.S. drone, nearly prompting a retaliatory attack which U.S. President Donald Trump called off at the last minute.

Tensions have also spiked between Iran and Britain after the Islamic Republic seized a British-flagged tanker last Friday because it had collided with a fishing vessel, according to Iranian officials.

British Royal Marines seized an Iranian tanker off the coast of Gibraltar in early July, accusing it of violating sanctions on Syria.

“We observe all enemy ships, particularly (those of) America, point-by-point from their origin until the moment they enter the region,” Khanzadi said, noting that images were recorded using Iranian drones.

“We have complete images and a large archive of the daily and moment-by-moment traffic of the coalition forces and America.”

Iran will hold joint naval exercises with allied countries for the first time by the end of the Iranian calendar year, which is in March 2020, Khanzadi said.

He did not specify which countries might take part in the exercise.

(Reporting By Babak Dehghanpisheh; Editing by Gareth Jones)

As new U.S. law frees inmates, prosecutors seek to lock some back up

Monae Davis plays with a grandchild, Dayrone Ferguson Jr., 2, after an interview at a halfway house in Buffalo, New York, U.S., July 16, 2019. Picture taken July 16, 2019. REUTERS/Lindsay DeDario

By Andy Sullivan

BUFFALO, N.Y. (Reuters) – Monae Davis walked out of prison on March 7, thanks to a new law that eased some of the harshest aspects of the United States’ war on drugs.

Now the U.S. Justice Department is trying to lock him back up.

As Davis, 44, looks for work and re-connects with his family, U.S. prosecutors are working to undo a federal judge’s decision that shaved six years off his 20-year prison sentence under the First Step Act, a sweeping criminal-justice reform signed into law by President Donald Trump last December.

“They’re prosecutors and it’s their job to make it hard on people,” he said. “Do I think it is right? No, it’s not fair.”

Even as thousands of prison inmates have been released by judges under the new law, federal prosecutors have fought scores of petitions for reduced sentences and are threatening to put more than a dozen inmates already released back behind bars, Reuters found in an analysis of these cases.

The reason: the Justice Department says the amount of drugs they handled was too large to qualify for a reduced sentence.

Davis, for example, reached a deal in 2009 with U.S. attorneys in western New York to plead guilty to selling 50 grams or more of crack, resulting in his 20-year sentence. Under First Step guidelines, that carries a minimum sentence of five years, less than half the time he has already served.

But prosecutors say Davis should not get a break, because in his plea deal he admitted to handling between 1.5 kilograms and 4.5 kilograms, which even under current guidelines is too high to qualify for a sentence reduction.

In a statement, the Justice Department said it is trying to ensure that prisoners seeking relief under the First Step Act aren’t treated more leniently than defendants now facing prosecution.

The department said prosecutors now have a greater incentive than previously to bring charges that more closely reflect the total amount of drugs they believe to be involved.

“This is a fairness issue,” the department said.

A TOUTED ACHIEVEMENT

Passed by overwhelming majorities in Congress, the First Step Act stands out as a rare bipartisan achievement in an era of sharp political divisions. Trump has invited ex-offenders to the White House and his State of the Union speech.

The law allows inmates who are serving time for selling crack cocaine to ask a judge to reduce their prison sentences. It’s a belated recognition, supporters say, that tough-on-crime policies that required lengthy prison terms for crack dealers were too punitive and fell most heavily on African-Americans.

More than 1,100 inmates have been released so far under this provision in the new law, according to the Justice Department.

In most of the 1,100 sentence-reduction cases, U.S. prosecutors did not oppose the inmate’s release. But in at least 81 cases, Reuters found, Justice Department lawyers have tried – largely unsuccessfully so far – to keep offenders behind bars. They argue that judges should base their decision on the total amount of drugs that were found to be involved during the investigation, rather than the often smaller or more vague amount laid out in the law they violated years ago.

The difference between the two amounts in these cases is often significant – and, depending on whether a judge agrees with prosecutors’ objections, can mean years of continued incarceration rather than immediate release.

Regional prosecutors’ offices, though they often enjoy great autonomy, have made it clear that they are operating on instructions from Washington.

One prosecutor in western Virginia in April objected to nine sentence reductions she had previously not opposed, citing Justice Department guidelines.

The federal government has lost 73 of 81 cases in which the issue has arisen so far, according to the Reuters analysis.

Prosecutors have appealed at least three of those decisions and indicated they intend to appeal 12 more.

If they succeed, men like Davis would return to prison.

First Step Act advocates say the Justice Department is undercutting the intent of the law.

“Many of these people have served in prison for five, 10, 15, 20 years and more. It’s time for them to be able to get on with their lives, and the notion the Department of Justice is just going to keep nagging at them and appealing these cases is not what we ever had in mind,” Democratic Senator Dick Durbin, one of the law’s authors, told Reuters.

Florida resident Gregory Allen, freed in March, appeared with Trump at a ceremony celebrating the new law in April. Federal prosecutors in Tampa, meanwhile, had filed paperwork to appeal that decision and force him back to prison. They dropped the appeal three weeks later, without explanation.

Legal experts say they are aware of few other cases in which the federal government has tried to re-incarcerate someone who has been freed due to a sentence reduction.

“It’s particularly cruel,” said Mary Price, an attorney with Families Against Mandatory Minimums, a nonpartisan group. “The whole point of the First Step Act was to give some relief to people who were sentenced to unduly long sentences.”

A TURBULENT LIFE

According to court documents and his own account, Davis has led a turbulent life. The son of a prostitute who entered the witness protection program when testifying in a criminal case, Davis was given a new name and moved to New Orleans when he was seven years old.

By the time he was fifteen, back in Buffalo, both parents and a younger brother were dead and he was selling drugs. He dropped out of high school.

He killed a woman accidentally when he was nineteen, he said, and records show he eventually pleaded guilty to state manslaughter charges.

By the time he was 30, federal agents say, Davis oversaw a network that sold crack and cocaine across western New York and Pennsylvania.

“Your life has been a disaster, and maybe not all of it your fault,” U.S. Judge William Skretny told him in 2009 as he sentenced him.

In March, the same judge ruled that Davis should be freed under the First Step Act.

“I fell off the chair,” Davis recalled. “I couldn’t believe it.”

Prosecutors told the court they intend to appeal. The U.S. Attorney for the Western District of New York, James P. Kennedy Jr., declined to comment on Davis’s case, but said in a prepared statement that asking for appellate review ” is consistent with our mission of seeing to it that justice is done in each case.”

Meanwhile, Davis is learning to use a smartphone and planning to start welding classes in September. Eventually, he says, he aims to run a cleaning service or auto shop and set aside money for his six grandchildren so they can have a better life than he did.

“I know God has a plan for me,” he said. “I know I’m not finished yet.”

(Editing by Kevin Drawbaugh and Julie Marquis)