Posts tagged with "ACLU"

Judge orders Michael Cohen to be released from prison, returned to home confinement

July 24, 2020

A federal judge on Thursday ordered that President Donald Trump’s former personal attorney and “fixer,  Michael Cohen be returned to home confinement, after the he was sent back to prison earlier this month over a dispute with federal corrections officials, The Hill reports.

Judge Alvin Hellerstein of the U.S. District Court for the Southern District of New York, accused the federal Bureau of Prisons (BOP) of trying to violate Cohen’s First Amendment rights by imposing a gag order as a condition of his home confinement.

“I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail as retaliatory, and it’s retaliatory because of his desire to exercise his First Amendment rights to publish the book and to discuss anything about the book or anything else he wants on social media” and elsewhere, Hellerstein said during a court hearing on July 23.

Cohen had been writing a book about his time working for Trump and the American Civil Liberties Union (ACLU) filed a lawsuit this week alleging that he was sent back to prison in retaliation for the tell-all. Cohen is serving a three-year sentence for various charges, including fraud and lying to Congress.

“This order is a victory for the First Amendment,” Cohen’s attorney Danya Perry said in a statement after the hearing. “The First Amendment does not allow the government to block Cohen from publishing a book critical of the president as a condition of his release to home confinement. This principle transcends politics. We are gratified that the rule of law prevails.”

Cohen had been released to home confinement in May amid concerns about the coronavirus pandemic’s effects on the prison population, The Hill said..

Earlier this month, Cohen and his attorney met with corrections officials to finalize the terms of the home confinement agreement and objected to a number of the conditions, including a prohibition against speaking with the media or publishing any sort of writing.

According to the report by The Hill, Justice Department officials detained Cohen during the meeting over his objections and sent him back to prison.

The DOJ denied that the gag order was aimed at stopping Cohen from proceeding with his book or that his being returned to prison was retaliation over the planned publication.

During Thursday’s hearing, Hellerstein, who was appointed to the court by former President Clinton, appeared disturbed by the manner in which BOP officials decided to reincarcerate Cohen and the gag order that they tried to impose upon him.

“I’ve never seen such a clause,” Hellerstein said. “In 21 years of being a judge and sentencing people and looking at the conditions of supervised release, I’ve never seen such a clause.”

A spokesman for the U.S. Attorney’s Office for the Southern District of New York, which defended the BOP’s move in court, did not immediately respond when asked for comment.

Research contact: @thehill

UN Human Rights Office condemns U.S. separation of immigrant children and parents

June 7, 2018

The current policy in the United States of separating “extremely young children” from their asylum-seeker or migrant parents along the country’s southern border “always constitutes a child rights violation,” the United Nations Human Rights Office of the High Commissioner (OHCHR), said on June 5.

Since last October, “several hundred” youngsters —including a 12-month-old infant— have been separated from their families while their parents serve out prison sentences for entering the U.S. illegally, or wait in detention while their asylum claims are processed, OHCHR spokesperson Ravina Shamdasani said at a press conference in Geneva, Switzerland..

She said OHCHR had received information on cases dating from last October; although the policy had begun in January 2017 when the newly inaugurated president, Donald Trump, issued two executive orders related to migration.

The current separation of children “was a direct consequence of that decision,” Shamdasani said, adding that the policy is applied to asylum-seekers and other migrants “in vulnerable situations.” She noted that a class action has been brought by the American Civil Liberties Union, on behalf of hundreds of parents—mainly from Central and Latin American countries—who have been separated from their children.

Shamdasani noted that there is “nothing normal about detaining children”, and that it “… is never in the best interests of the child and always constitutes a child rights violation”.

And on the legal issue of entering a country “without the right papers”, the UN human rights office spokesperson insisted that it should not be a criminal offence and “does not warrant jailing children”.

Once separated from their parents, Shamdasani said that children are often transferred into the care of the U.S. Office of Refugee Resettlement, and that efforts are made to find them a temporary guardian. When their parents are released, youngsters are reunited with them and deported back to their country of origin. For the majority this means to Honduras, Guatemala and El Salvador, where “rampant insecurity and violence” has forced them to flee, she explained.

In a call for an end to the practice, Shamdasani noted that the United States “generally held in high regard” the rights of children.

And although it is the only UN Member State not to have ratified the Convention on the Rights of the Child, it had signed the international accord and ratified others, which meant that it had legal obligations to children in its car, the OHCHR spokesperson explained.

For its own part, the U.S. Department of Homeland Security says 700 children have been separated from their parents since the fiscal year began last October. In making the case for the program early last month, Attorney General Jeff Sessions said, “If you are smuggling a child then we will prosecute you, and that child will be separated from you as required by law,” NBC News reported. Sessions added, “If you don’t like that, then don’t smuggle children over our border.”

Administration officials explained that the goal of the program is 100% prosecution of all who enter the U.S. illegally. When adults are prosecuted and jailed, their children will be separated from them, just as would happen for a U.S. citizen convicted and jailed.

President Trump, himself, has said that the Democrats are to blame, because they will not fund his wall at the southern border.

Based on findings of an Ipsos poll conducted in February, fewer than one in five Democrats (18%) support building a wall or fence along the entire U.S.-Mexico border, while two-thirds of Republicans (68%) support the measure. A majority of Republicans (63%) also support a movement to end the ability of legal immigrants to bring extended family members to the United States compared to 30% of Democrats and 49% of Independents.

Notably, two-thirds of all Americans (65%) support giving legal status to undocumented or illegal immigrants brought to the United States as children, although partisan differences are still evident. Half of Republicans (51%) support this plan, along with two-thirds of Independents, and 81% of Democrats.

Research contact: @ipsosus