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Lawyer misconduct complaint filed against Indiana AG Todd Rokita

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A misconduct complaint alleges Indiana Attorney General Todd Rokita intended to “harass and intimidate” doctors who perform abortions when he publicly cast doubts about whether an Indianapolis OB/GYN complied with state law after helping a 10-year-old rape victim terminate a pregnancy.

The newly filed complaint against Indiana’s top prosecutor is expected to trigger a probe by the state’s Supreme Court Disciplinary Commission after Rokita, a Republican, claimed last week on Fox News that physician Caitlin Bernard had a “history of failing to report” abortions in child-abuse cases and rapidly launched an investigation into her licensure.

A record obtained by The Washington Post showed that Bernard, who administered the abortion medication to a girl forced to travel from her home state of Ohio for the service, reported the incident to relevant state agencies as required by Indiana law.

Record shows Indiana doctor fulfilled duty to report 10-year-old’s abortion

Kathleen DeLaney, an attorney for Bernard, told The Post on Monday that Rokita’s actions have “touched a nerve” in the legal community for what she called a blatant ethical violation.

“As the highest-ranking lawyer in Indiana, Todd Rokita should be held to a high standard of legal conduct and ethical behavior, and both his comments and the continued presence of his baseless claims on his state-run website suggest that a disciplinary investigation is warranted,” DeLaney said.

Lauren Robel, the former dean of Indiana University’s Maurer School of Law, filed the complaint requesting an investigation into Rokita on Friday. It alleges that the attorney general made “inflammatory statements on national television, without due diligence concerning their truthfulness,” according to a letter obtained by The Post.

“The attorney general is tasked with protecting citizens, not going after them without evidence on television,” Robel told The Post. “I just fear that without those of us in the bar calling [out] that kind of behavior when we see it, we lower the standards” of ethics for all lawyers. (Although Robel said she does not personally know Bernard, both women are affiliated with Indiana University.)

A spokesperson for Rokita’s office dismissed Robel’s complaint, saying in a statement, “any attorney or client can file anything they want, even without basis, which is the case here.”

The attorney general’s office said that while no enforcement actions have been filed against Bernard so far, it will continue to pursue its investigation of her conduct.

The disciplinary commission is tasked with investigating and prosecuting any claims of Indiana lawyers violating the state’s rules of professional conduct. Once a complaint is filed, the agency reviews the information and decides whether to launch an investigation. If it finds there are grounds for an attorney to be disciplined, the case is sent to the state Supreme Court for formal charging. In the range of possible outcomes, disbarment is the most extreme.

Representatives with the Indiana Supreme Court Disciplinary Commission did not respond to a request for comment Monday.

Kathleen Clark, an ethics professor at the Washington University in St. Louis School of Law, said the best chance of spurring “overwhelmed bar prosecutors” into pursuing a case against an attorney general is an ethics complaint that makes clear arguments for how the rules of conduct were allegedly broken.

The strongest argument against Rokita is likely to be his alleged violation of rules on trial publicity, which generally dictate how lawyers involved in trials or investigations may publicly comment on a case. The guidelines seek to balance public interest and free speech while not “heightening public condemnation of the accused,” Clark said.

Doctor in 10-year-old’s abortion case faced 2020 kidnapping threat against daughter

She said Rokita’s comments could affect the fairness of any investigation and could leave Bernard in “actual physical jeopardy.”

“No government lawyer is supposed to be a bully,” Clark said.

Susan Carle, a law professor at American University’s Washington College of Law, said disciplinary commissions have historically been wary of taking up cases concerning public officials. But the country’s highly polarized environment and the discourse it has prompted have blurred the line between law and politics — and kindled a push for accountability from bar associations across the nation.

“As the sort of level of political invective and lack of standards about truthfulness continue to become worse, there are going to be more and more efforts along these lines,” Carle said.

Should the commission act on the complaint against Rokita, he would be the second successive Indiana attorney general to face a misconduct probe. The state Supreme Court suspended for 30 days the law license of Rokita’s predecessor, Republican Curtis Hill, after allegations that he groped four women. Hill lost his reelection bid to Rokita in 2020.

If the commission determines that Rokita’s comments were out of line, “then I would like him to retract that statement and apologize for it,” said Robel, who filed the complaint.

Gershon Fuentes, 27, was arraigned on July 13 in Ohio, where he was charged with the rape of a 10-year-old girl who had to travel to Indiana for an abortion. (Video: Reuters)

On July 13, Robel watched as Rokita made what she called “baseless claims” against Bernard during an interview with Fox News host Jesse Watters. Hours earlier, a man had been charged with raping the 10-year-old girl, who had to travel to Indiana because of Ohio’s ban on abortions after the six-week mark, the Indianapolis Star first reported. The case rapidly divided the nation, with some pointing to it as an example of the consequences of overturning Roe v. Wade, while others claimed the story was “too good to confirm.”

Under Indiana law — which allows abortion up to 22 weeks of pregnancy — providers are required to alert the state’s health and child services departments of pregnancy terminations in patients younger than 16 within three days of the procedure. Failure to do so constitutes a misdemeanor.

Man charged in rape of 10-year-old girl who had to travel for abortion

In the Fox interview, Rokita said that his office was “gathering the evidence” and preparing to “fight this to the end” when Watters questioned whether Bernard had followed the reporting law and asked whether she would be criminally charged. That day, he also sent a letter to Indiana Gov. Eric Holcomb (R) requesting an intervention, saying his office hadn’t received documentation that the girl’s abortion had been properly reported.

The next day, however, media outlets obtained the terminated-pregnancy report showing that Bernard had alerted state agencies that the girl had been a victim of abuse within the three-day window.

Robel said in her complaint that Rokita’s comments “placed [Bernard] in danger.” Bernard is already listed as a “local abortion threat” on a website for Right to Life Michiana, an antiabortion group based in South Bend, Ind. Two years ago, The Post reported, a kidnapping threat was made against her daughter — forcing Bernard to stop providing abortion services at a South Bend clinic.

In a state that’s slated to outlaw abortion in the coming week when its GOP-controlled legislature holds a special session, Rokita’s probe and statements feel like “an attempt to intimidate” Bernard and other abortion providers, Robel said.

“If he wants to stop abortion in the state of Indiana, there are legal channels to do that,” she said. “Harassment and intimidation by the chief legal officer of the state of Indiana is not one of them.”

“This is the opposite of the rule of law,” Robel added.

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Secret Service set to turn over ‘erased’ Jan. 6 texts

The tug of war between Jan. 6 investigators and the Secret Service will hit a critical point on Tuesday when the panel examining the Capitol riot expects to receive a trove of agency text messages that could lend new insights into former President Trump’s actions that day.

The transfer, if it materializes, follows several days of confusion and finger-pointing surrounding the elusive messages, which a government watchdog told the committee “were erased” by the Secret Service — only to have the agency deny the charge outright.

The accusation led the House select committee to subpoena the Secret Service for the texts late Friday night, just hours after the panel met with Joseph Cuffari, the inspector general at the Department of Homeland Security.

Cuffari, a Trump appointee, had sent the committee a letter earlier in the week saying the agency had expunged text messages from Jan. 5 and Jan. 6, 2021, “as part of a device-replacement program.” The erasure came “after OIG [Office of Inspector General] requested records of electronic communications” from the agency, Cuffari wrote.

The Jan. 6 investigators have accused Trump of inciting the Capitol attack in an effort to cling to power after his election defeat, and they’re eager to learn if the “erased” messages might reveal new details about Trump’s actions and intentions surrounding the insurrection.

The focus on the Secret Service has gained new urgency since last month, when a former top West Wing aide testified about a confrontation between Trump and his security detail on Jan. 6, after the president was informed he would not be driven to the Capitol to join the protest there. The aide, Cassidy Hutchinson, delivered that explosive account secondhand, and some of the agents involved have since disputed it, albeit not directly.

Given the discrepancies, the select committee is aiming to cast a wide net when it comes to the Secret Service, which on Jan. 6 was protecting not only Trump but also his vice president, Mike Pence, who was a key target of the violent mob that stormed the Capitol.

Their subpoena gave the agency until Tuesday morning to deliver the disputed communications.

“There was a statement made by the spokesperson for the department saying that it wasn’t true, it wasn’t fair and that they, in fact, had pertinent texts,” Rep. Zoe Lofgren (D-Calif.) said in a Sunday appearance on ABC’s “This Week,” referring to the agency’s rebuttal of Cuffari’s account. “And we go, ‘Fine, if you have them, we need them.’ ”

“And we expect to get them by this Tuesday. So we’ll see,” added Lofgren, a member of the House Jan. 6 committee.

On the heels of Friday’s summons, Tuesday’s deadline is the fastest turnaround the panel has demanded from one of its subpoena targets, a sign lawmakers have little patience for resolving the mystery over the messages as the public hearing phase of the investigation winds down.

Anthony Guglielmi, a spokesman for the Secret Service, said the agency will comply with the 10 a.m. Tuesday deadline but that much of what it has to turn over will replicate what it has already shared with the committee.

He denied the existence of any “hidden messages” the agency was concealing or anything else officials are “holding out” from the panel.

“We’re going to respond to all five sections of the subpoena in thorough detail,” Guglielmi told The Hill Monday, running through a list of what has been provided to investigators.

“We additionally provided almost 800,000 documents, emails, radio transmissions, planning records, operational plans, Microsoft Teams chat messages — we provided all that stuff. We are going to provide all of that. We’re going to answer every single response to the committee’s subpoena as best as we physically can.”

The Secret Service last week said the accusations from Cuffari were categorically false and described the loss of data as part of a “pre-planned, three-month system migration.”

“In that process, data resident on some phones was lost,” the agency said at the time.

Guglielmi said Secret Service agents were advised to upload data from their phones, but because the agency avoids text messages for security concerns, there were few to share.

“It’s hard for people to understand, but we do not communicate via text message. It is in policy that you do not conduct business via text message,” he said.

“There’s no reason for us to say the texts were lost. I mean, how do you know that those people texted? They were told to upload their official records, and they did. So this is partly what we’re going to communicate to the committee, all of the data that we have. People say texts were lost. How do you know texts were sent?”

During Friday’s closed-door meeting, Cuffari maintained that messages were lost and expressed optimism there may be some way to reconstruct them using various forensic tools, according to The Guardian.

As lawmakers on the committee made the rounds on Sunday talk shows, many stressed that the Secret Service could be in violation of federal records laws if they were unable to preserve data, let alone at such a critical point in time.

“That’s what we have to get to the bottom of,” Rep. Elaine Luria (D-Va.) said on CNN’s “State of the Union.”

“There’s a requirement for federal agencies to maintain records,” she continued. “An agency that was such a key part of a critical event in our history — one would assume they have done everything possible to preserve those records, to analyze them, to determine what kind of things went right or went wrong that day.”

Lofgren said the committee simply needs “all the texts from the 5th and the 6th.”

“I was shocked to hear that they didn’t back up their data before they reset their iPhones. That’s crazy. I don’t know why that would be,” she said.

“But we need to get this information to get the full picture.”

Rep. Adam Kinzinger (R-Ill.), another member of the committee, also expressed disbelief that the Secret Service would have erased any communications surrounding Jan. 6, blasting the agency for what he characterized as “conflicting” explanations.

“In the very least, it is quite crazy that the Secret Service would actually end up deleting anything related to one of the more infamous days in American history,” he said on CBS News’s “Face the Nation.” “Particularly when it comes to the role of the Secret Service.”

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West Virginia woman wakes from coma to name brother in brutal attack

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When Jackson County, W.Va., sheriff’s deputies found Wanda Palmer on her couch in June 2020, she was slumped over and bleeding from head wounds.

“We thought for sure this was a murder case,” Sheriff Ross Mellinger told The Washington Post.

But Palmer ended up surviving, although she fell into a coma. Over two long years, as she lay unconscious, the case stalled. Investigators could not turn up enough evidence to charge a suspect.

But earlier this month, Palmer woke up — and she told deputies that it was her brother who had nearly killed her, Mellinger said. Daniel Palmer is now in custody and has been charged with attempted murder and malicious wounding, according to the sheriff’s department.

“Just the fact that she survived is nothing short of a miracle,” Mellinger told The Post. “But to be able to come back … two years later and identify who her attacker was, it’s spectacular.”

It was not immediately clear if Daniel Palmer had an attorney. According to a criminal complaint obtained by CNN, Palmer denied attacking his sister, saying he was not at her house around the time of the attack.

Wanda and Daniel Palmer lived about a half-mile apart on the same property near Cottageville, a hamlet in Jackson County near the state’s northwestern border, Mellinger said. He said Wanda lived alone in a mobile home. The criminal complaint noted there was a history of violence between the siblings, CNN reported.

One morning in June 2020, someone showed up to mow Wanda’s grass and found her inside, having been attacked, Mellinger said. Her wounds appeared to have been caused by an edged weapon, such as a machete or a hatchet, although investigators did not find a weapon, he said.

Other evidence was hard to find. Wanda’s home had no electricity, so there was no surveillance footage or cellphone records. Mellinger said Daniel was a suspect early on because of the siblings’ history. One man told deputies he had seen Daniel on his sister’s porch the previous night, about 10 hours before Wanda was discovered, but it wasn’t enough to go on, Mellinger said.

Deputies had even traveled across the state to chase various leads, but in the end, “we had nothing,” Mellinger said.

Then, just before the July 4 holiday, the sheriff’s department was contacted by Wanda’s caseworker, saying she had woken up. Deputies interviewed her shortly afterward, Mellinger said. According to a criminal complaint obtained by WCHS, Wanda said that she remembered being hurt on her head at her home and that it was her brother who did it.

Asked why Daniel would have hurt her, Wanda replied that he was “mean,” WCHS reported, citing the complaint.

Mellinger said he’s unsure whether Wanda will fully recover from the attack. He referred to her waking from the coma after more than two years as a miracle.

“From an investigative standpoint, this is kind of the holy grail,” Mellinger said. “You don’t ever get a chance to talk to somebody once they go into a coma.”



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Naval Academy Student Luke Gabriel Bird Dies While Hiking in Chile and Falling Over Waterfall

A 21-year-old Naval Academy student died while hiking in Chile and apparently accidentally falling over a waterfall, officials announced on Monday. NBC News reported that Luke Gabriel Bird, a midshipman who was studying ocean engineering, was hiking near the Salto El Agua waterfall in Placilla, Chile, with another student when he reportedly tripped and died. Officials said that Chilean authorities found Bird’s body near the waterfall the next morning. A Texas native, Bird is the second Naval Academy midshipman that has died in the past two months. His friend and fellow midshipman Travis Delgado said that Bird was “unfathomably smart” and willing to “hel[p] anyone at the drop of a hat.”

Read it at NBC News

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Biden considers issuing climate emergency declaration, sources say

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President Biden is considering declaring a national climate emergency as soon as this week as he seeks to salvage his environmental agenda in the wake of stalled talks on Capitol Hill, according to three people familiar with the matter who spoke on the condition of anonymity to discuss the private deliberations.

The potential move comes days after Sen. Joe Manchin III (D-W.Va.) told Democratic leaders that he does not support his party’s efforts to advance a sprawling economic package this month that includes billions of dollars to address global warming. If an emergency is invoked, it could empower the Biden administration in its efforts to reduce carbon emissions and foster cleaner energy.

Two of the individuals with knowledge of the discussions said also they expect the president to announce a slew of additional actions aimed at curbing planet-warming emissions. The exact scope and timing of any announcements remain in flux.

“The president made clear that if the Senate doesn’t act to tackle the climate crisis and strengthen our domestic clean energy industry, he will,” a White House official, who requested anonymity to describe the deliberations, said in a statement late Monday. “We are considering all options and no decision has been made.”

Jared Bernstein, a top White House economic adviser, emphasized to reporters at a news briefing earlier in the day that Biden would work “aggressively fight to attack climate change.”

“I think realistically there is a lot he can do and there is a lot he will do,” Bernstein said.

Top aides to Biden are debating the best course of action as another punishing heat wave has descended this week on the central United States, and as a similar weather pattern is breaking temperature records across Europe. Many Democrats have called on the White House in recent days to use its powers to address global warming as hopes for congressional action have faded.

“This is an important moment. There is probably nothing more important for our nation and our world than for the United States to drive a bold, energetic transition in its energy economy from fossil fuels to renewable energy,” Sen. Jeff Merkley (D-Ore.) told reporters Monday.

Citing the impasse, Merkley added: “This also unchains the president from waiting for Congress to act.”

It is unclear how, exactly, Biden plans to proceed if he opts to declare a climate emergency, which Senate Majority Leader Charles E. Schumer (D-N.Y.) urged him to do just days after the president took office last year.

Biden’s plan to curb catastrophic warming is running out of time

Some climate activists have urged the White House in recent months to deploy an emergency declaration to maximum effect, arguing that it would allow the president to halt crude oil exports, limit oil and gas drilling in federal waters, and direct agencies including the Federal Emergency Management Agency to boost renewable-energy sources.

But the president faces a tough balancing act as he seeks to calibrate his response to a warming planet with the recent economic reality of high gas prices. The policies could aid in Biden’s quest to halve U.S. emissions by the end of the decade compared to 2005 levels, though they still fall short of what Biden aimed to enact through his earlier economic plan, known as Build Back Better.

Any new executive action on climate also could face a formidable court challenge, which could affect the future of environmental regulations. Last month, the Supreme Court cut back the federal government’s powers to regulate power plants’ carbon emissions.

The president himself raised the prospect of executive action on climate change last week, as talks collapsed between Democratic leaders and Manchin over what might have been the largest infusion of climate-related spending in U.S. history.

Initially, Democrats had hoped to invest more than $500 billion in new programs to cut emissions and support new technologies, including electric vehicles, before Manchin raised objections to the Build Back Better Act. The West Virginian’s opposition proved politically fatal, since party lawmakers require his vote to advance any bill using the process known as reconciliation — a tactic that allows Democrats to sidestep a GOP filibuster in the narrowly divided chamber.

Democrats soon set about rethinking their plans, eyeing what might have been $300 billion in climate-focused investments in a bid to satisfy Manchin. But the moderate senator, who represents a coal-heavy state, last week said he could not support his party’s attempts to advance such spending this month amid record-high inflation.

Manchin later expressed an openness to tackling climate change but said he would do so only after seeing another round of indicators next month. But many Democrats said they did not want to take the risk, leaving them no choice but to shelve their plans entirely — and focus their attention instead on health-care proposals Manchin does support.

Others called for another round of engagement with the senator, citing the fact that executive action alone may not be enough.

Sen. Ron Wyden (D-Ore.), the leader of the tax-focused Senate Finance Committee, said in a statement Monday that lawmakers at least should explore renewing tax credits that boost cleaner technology.

“While I strongly support additional executive action by President Biden, we know a flood of Republican lawsuits will follow,” Wyden said. “Legislation continues to be the best option here. The climate crisis is the issue of our time and we should keep our options open.”

Dino Grandoni contributed to this report.

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Uvalde shooting: Parents call for school police chief to be fired and seek assurances on future safety during school board meeting

The grief from the May 24 shooting in which 21 people were killed at Robb Elementary was clearly weighing heavily on the attendees and some parents said their children aren’t ready to return to class.

“There is an anxiousness in my heart that is only worsened by the fear my children have,” said Rachel Martinez, a parent of four children. “I think no one person here today can deny there was a massive failure on May 24. Where these failures lie is the question?”

Monday’s meeting of the Uvalde Consolidated Independent School District board came one day after a Texas House investigative committee released a preliminary report outlining a series of failures by law enforcement agencies in their response to the shooting.

The 77-page “interim report” described “an overall lackadaisical approach” by nearly 400 local, state and federal law enforcement officers who went to the school as the second-deadliest shooting ever at a K-12 school in the United States occurred.

The report comes after finger-pointing from law enforcement agencies, as well as local officials decrying a lack of transparency and victims’ families learning on a piecemeal basis what more could have been done to save their loved ones.

Attendees Monday night were pointing fingers at the board at a meeting that lasted three hours.

Parent Brett Cross asked the board why Arredondo, who is on administrative leave, hasn’t been fired.

“Why the hell does he still have a job with y’all?” he asked. “Are you going to fire him?”

District Superintendent Hal Harrell responded, “We will take the report into consideration. It will be a closed-session decision.”

Harrell said that the board had been waiting for the investigative information to help it make a decision.

Several other speakers also demanded the board terminate Arredondo, who has said he did not consider himself incident commander at the scene, according to the report, echoing comments he made to the Texas Tribune last month.

Young student says she wants to feel she has protection before she goes back

Tina Quintanilla-Taylor introduced her daughter Mehle, who told the board she was wearing the same dress she wore to school on May 24.

“This was the last dress that all my friends saw me on [sic],” she said. “Most of those kids were my friends … And I don’t want to go to your guys’ school if you don’t have protection.”

Martinez, the parent with four children, asked the board whether it was going to take responsibility for the failures of May 24.

“Are you going to make this right?” she asked.

She wondered what options students and parents would have if they don’t want to go back to school, saying her daughter had said she was “so terrified” about going back to class.

“I can assure you that my children are not mentally prepared to return to campus and my husband and I are unwilling to send them. I speak for my children but I also speak for the rest of the parents in the community who feel the same as I.”

Jazmin Cazares, the sister of shooting victim Jackie Cazares and a high school student, said there was nothing that could be done to bring her sister back but the school board could make changes to prevent other families from losing children. She also questioned how safe she could feel.

“I’m gonna be a senior. How am I supposed to come back to this school? What are you guys going to do to make sure I don’t have to watch my friends die,” she asked. “What are you going to do to make sure I don’t have to wait 77 minutes bleeding out on my classroom floor just like my little sister did?”

Next school year might be delayed

Asked whether the district would consider online learning, Harrell said it was under discussion. “We are looking into it. And there are some structures that have to be in place. But yes, we are looking at it and that is one of the things we are considering.”

The school board also has recommended a delay to the start of the school year to address security issues such as door locks.

In June, Harrell announced that no students will ever return to the site of the massacre.

“We’re not going back to that campus,” Harrell said during a special meeting of the board of trustees, and added he expects to have a new address for the school in the “very near future.”

“Our kids, our staff, we’re not going back.”

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Texas state police launch internal review of Uvalde response

UVALDE, Texas (AP) — Two months after the Uvalde school massacre, Texas state police on Monday announced an internal review into the actions of dozens of troopers who were at Robb Elementary during 73 minutes of bewildering inaction by law enforcement as a gunman slaughtered 19 children and two teachers.

The announcement appeared to widen the fallout of a damning 80-page report released over the weekend by the Texas House that revealed failures at all levels of law enforcement and identified 91 state troopers at the scene — more than all Uvalde officers combined. It also amounted to a public shift by the Texas Department of Public Safety, which until now has largely criticized local authorities for failing to confront the gunman sooner.

The report made public Sunday laid bare for the first time just how massive a presence state police and U.S. Border Patrol had on the scene during one of the worst school shootings in U.S. history.

“You got 91 troopers on the scene. You got all the equipment you could possibly want, and you’re listening to the local school cop?” said state Sen. Roland Gutierrez, a Democrat whose district includes Uvalde and who has accused DPS of seeking to minimize its role in the response.

The findings that Border Patrol agents and state troopers made up more than half of the 376 law enforcement officials who rushed to the South Texas school on May 24 spread the responsibility for a slow and bungled response far wider than previous accounts that emphasized mistakes by Uvalde officers.

The report made clear that “egregiously poor decision making” by authorities went beyond local law enforcement in Uvalde, who were eventually outnumbered more than 5-to-1 by state and federal officers at the scene. Other local police from the area around Uvalde also responded to the shooting.

The report puts a new spotlight on the roles of state and federal agencies whose leaders, unlike local authorities, haven’t had to sit through meetings where they were confronted by the furious parents of the dead children.

Of the nearly 400 officers who converged on the school, only two are currently known to be on leave pending investigation into their actions: Pete Arredondo, the Uvalde Consolidated School District police chief, and Lt. Mariano Pargas, a Uvalde Police Department officer who was the city’s acting police chief during the massacre.

State police have previously said no troopers at the scene have been suspended. On Monday, Republican Texas Gov. Greg Abbott said the findings in the report “are beyond disturbing” but did not single out any one agency.

Texas DPS did not put a timeline on when the review would be complete. It said the actions of every trooper, state police agent and Texas Ranger on the scene would be examined “to determine if any violations of policy, law, or doctrine occurred.”

Col. Steve McCraw, the director of Texas DPS, has previously laid much of the blame for the response at Arredondo, identifying him as the incident commander and criticizing him for treating the gunman in the classroom as a barricaded subject and not an active shooter.

The new report — the fullest accounting yet of the tragedy — also says Arredondo wasted critical time during the shooting by searching for a key to the classroom and not treating the gunman with more urgency. But it also emphasized that all law enforcement at the scene fumbled the response.

“There is no one to whom we can attribute malice or ill motives. Instead, we found systemic failures and egregiously poor decision making,” the report said.

Abbott said there are “critical changes needed” but in a statement did not address whether any officers or agencies should be held accountable.

In Uvalde, meetings of the city council and school board in the eight weeks since the shooting have become recurring scenes of residents shouting at elected leaders for police accountability, which continued after the report was made public.

“It’s disgusting. Disgusting,” said Michael Brown, whose 9-year-old son was in the school’s cafeteria on the day of the shooting and survived. “They’re cowards.”

“Shame on you! Shame on you!” the families of the slain children and teachers and their supporters chanted at school board members at a special meeting Monday night.

Brett Cross, an uncle of 10-year-old Uziyah Garcia, who was among those slain, berated board members at length as not holding themselves accountable for the massacre. He particularly challenged members for not knowing school exit doors were locked to the outside and for not firing Arredondo.

“If he’s not fired by noon tomorrow, I want your resignation and every single one of these board members because you don’t give a damn about us or our children,” Cross said, addressing Superintendent Hal Harrell.

Harrell said the report released over the weekend will help the board decide Arredondo’s future. However, he also noted that Arredondo is employed under a contract and cannot be fired at will.

Uvalde High School alumna Angela Villescaz, the founder of the group Fierce Madres, told board members that her organization has been surveying officials of schools that have suffered similar mass shootings. She offered the board her findings as advice so district officials do not try to “reinvent the wheel.”

However, she took note of the DPS troopers standing in the room, and said: ”… I can’t help but wonder if they just didn’t find our children worthy of being saved.”

Historically, the DPS has endured fraught relations with the Mexican-American community in Texas dating back to the 19th century. In the early 20th century, the Texas Rangers, from which the DPS evolved and remains part of, participated in numerous bloody attacks on Mexican nationals.

According to the report, the gunman fired approximately 142 rounds inside the school — and it is “almost certain” that at least 100 shots came before any officer entered, according to the committee, which laid out numerous failures.

Among them: No one assumed command despite scores of officers on the scene, and no officer immediately tried to breach the classroom despite a dispatcher relaying a 911 call that there were victims in the room.

The report also criticized a Border Patrol tactical team, saying it waited for a bulletproof shield and working master key for a door to the classroom, which was most likely never locked, before entering. In all, the report put nearly 150 Border Patrol agents at the scene.

Cecilia Barreda, a spokeswoman for U.S. Customs and Border Protection, said Monday that a review of the agency’s response was still underway and has not reached any final conclusions.

Hours after the report was released, Uvalde officials separately made public for the first time hours of body camera footage from the city’s police officers who responded to the attack

One video from Uvalde Staff Sgt. Eduardo Canales, the head of the city’s SWAT team, showed the officer approaching the classroom when gunfire rang out at 11:37 a.m.

A minute later, Canales said: “Dude, we’ve got to get in there. We’ve got to get in there, he just keeps shooting. We’ve got to get in there.” Another officer could be heard saying “DPS is sending their people.”

It was 72 minutes later, at 12:50 p.m., when officers finally breached the classroom and kill the shooter.

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Weber reported from Austin, Texas. Associated Press writer Terry Wallace in Dallas also contributed to this report.

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More on the school shooting in Uvalde, Texas: https://apnews.com/hub/school-shootings

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This story has been corrected to show Brett Cross’ relationship with the slain child is uncle, not father.

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Uvalde officer who used hand sanitizer during massacre IDed as Eric Gonzales

The Uvalde cop who was caught on video nonchalantly using hand sanitizer inside the Robb Elementary School as children were dying in a nearby classroom has been identified.

Sheriff’s Deputy Eric Gonzales — who faced intense backlash for the bizarrely timed act — was IDed by the Daily Mail as a one-time recipient of a medal of valor for “bravery in the line of duty.”

The 30-year-old cop, who was wearing a helmet and bulletproof vest, casually pumped the hand sanitizer wall unit to clean his hands as officers mulled around the hallway for more than an hour before taking out the shooter, the footage first obtained by the Austin-American Statesman showed.

Viewers of the 77-minute clip were outraged by the officers’ retreat and hour of inaction as the 18-year-old gunman Salvador Ramos slaughtered 19 children and two teachers.

Social media users found Gonzales’ act particularly off-putting.

“[S]o let me get this straight. Uvalde officers were inside within five minutes, stood around for over an hour, made sure to get HAND SANITIZER … while still hearing rounds being fired and the kids screaming,” Kayce Smith, a Barstool Sports media personality, tweeted. “What the F— are we doing here?? This is revolting.”

Sheriff’s Deputy Eric Gonzales casually pumped the hand sanitizer wall unit to clean his hands an active shooter roamed the school.
Austin American-Statesman

“Would love to hear from this Uvalde cop why he was worried about putting on hand sanitizer while a shooter was massacring kids twenty feet down the hall,” tweeted Cabot Phillips, a senior editor at the Daily Wire, a conservative outlet.

Ironically, Gonzales was awarded a bronze star for valor and bravery in the line of duty in December 2020 after he exchanged gunfire with a man during a traffic stop, according to the Uvalde Leader News.

The Uvalde County Sheriff’s Office didn’t immediately respond to a Post inquiry. However, Sheriff Ruben Nolasco told the Daily Mail that Gonzales was sanitizing his hands in preparation to assist medics in tending to injured victims.

No medical team, however, can be seen nearby the deputy in the video.

A special Texas House panel investigating the May 24 mass shooting and police response concluded that the nearly 400 cops who showed up to the deadly scene “failed to prioritize saving innocent lives over their own safety” in a scathing new report.

“No amount of hand sanitizer is going to wash off those hands in Uvalde. None,” tweeted Jack Posobic, senior editor of the conservative news site Human Events.



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How Joe Manchin Left a Global Tax Deal in Limbo

WASHINGTON — In June, months after reluctantly signing on to a global tax agreement brokered by the United States, Ireland’s finance minister met privately with Treasury Secretary Janet L. Yellen, seeking reassurances that the Biden administration would hold up its end of the deal.

Ms. Yellen assured the minister, Paschal Donohoe, that the administration would be able to secure enough votes in Congress to ensure that the United States was in compliance with the pact, which was aimed at cracking down on companies evading taxes by shifting jobs and profits around the world.

It turns out that Ms. Yellen was overly optimistic. Late last week, Senator Joe Manchin III, Democrat of West Virginia, effectively scuttled the Biden administration’s tax agenda in Congress — at least for now — by saying he could not immediately support a climate, energy and tax package he had spent months negotiating with the Democratic leadership. He expressed deep misgivings about the international tax deal, which he had previously indicated he could support, saying it would put American companies at a disadvantage.

“I said we’re not going to go down that path overseas right now because the rest of the countries won’t follow, and we’ll put all of our international companies in jeopardy, which harms the American economy,” Mr. Manchin told a West Virginia radio station on Friday. “So we took that off the table.”

Mr. Manchin’s reversal, couched in the language used by Republican opponents of the deal, is a blow to Ms. Yellen, who spent months getting more than 130 countries on board. It is also a defeat for President Biden and Democratic leaders in the Senate, who pushed hard to raise tax rates on many multinational corporations in hopes of leading the world in an effort to stop companies from shifting jobs and income to minimize their tax bills.

The agreement would have ushered in the most sweeping changes to global taxation in decades, including raising taxes on many large corporations and changing how technology companies are taxed. The two-pronged approach would entail countries enacting a 15 percent minimum tax so that companies pay a rate of at least that much on their global profits no matter where they set up shop. It would also allow governments to tax the world’s largest and most profitable companies based on where their goods and services were sold, not where their headquarters were.

Failure to get agreement at home creates a mess both for the Biden administration and for multinational corporations. Many other countries are likely to press ahead to ratify the deal, but some may now be emboldened to hold out, fracturing the coalition and potentially opening the door for some countries to continue marketing themselves as corporate tax havens.

For now, the situation will allow for the continued aggressive use of global tax avoidance strategies by companies like the pharmaceutical giant AbbVie. A Senate Finance Committee report this month found that the company made three-quarters of its sales to American customers in 2020, yet reported only 1 percent of its income in the United States for tax purposes — a move that allowed it to slash its effective tax rate to about half of the 21 percent American corporate income tax rate.

Not changing international tax laws could also sow new uncertainty for large tech companies, like Google and Amazon, and other businesses that earn money from consumers in countries where they do not have many employees or physical offices. Part of the global agreement was meant to give those companies more certainty on which countries could tax them, and how much they would have to pay.

America’s refusal to take part would be a significant setback for Ms. Yellen, whose role in getting the deal done was viewed as her signature diplomatic achievement. For months last year, she lobbied nations around the world, from Ireland to India, on the merits of the tax agreement, only to see her own political party decline to heed her calls to get on board.

After Mr. Manchin’s comments, the Treasury Department said it was not giving up on the agreement.

“The United States remains committed to finalizing a global minimum tax,” Michael Kikukawa, a Treasury spokesman, said in a statement. “It’s too important for our economic strength and competitiveness to not finalize this agreement, and we’ll continue to look at every avenue possible to get it done.”

Jared Bernstein, a member of Mr. Biden’s Council of Economic Advisers, told reporters at the White House on Monday that Mr. Biden “remains fully committed” to participating in a global tax agreement.

“Any rumors of its demise are hugely premature,” Mr. Bernstein said.

The U.S. path to approving the global pact faced challenges from the outset, given Republican opposition to parts of the plan and Democrats’ slim control of the Senate.

To comply with the agreement, the United States would need to raise the tax rate that companies pay on their foreign earnings to 15 percent from 10.5 percent. Congress would also need to change how the tax was applied, imposing it on a country-by-country basis, so that companies could not lower their tax bills simply by seeking out tax havens and “blending” their tax rates.

The Biden administration had hoped to enact those changes through its stalled Build Back Better legislation or a smaller spending bill that Democrats hoped to pass through a budget process that would not require any Republican support.

“Secretary Yellen and her team have always been making the case that they will be able to secure the changes they need,” Mr. Donohoe said in an interview in June. “Secretary Yellen again made the case for all of the work they have underway to try to secure the votes that they needed for this change within the House of Representatives and the Senate.”

Ms. Yellen’s spokesman, Mr. Kikukawa, characterized the tax discussion as a conversation about “overcoming any challenges in their respective jurisdictions.”

Congress would also have to revise tax treaties to give other nations the power to tax large U.S. multinationals based on where their products were sold. That legislation would require the support of Republicans, who have shown no inclination to vote for it.

American technology giants such as Google and Amazon have largely backed the proposed tax changes as a way to put an end to the complex thicket of European digital services taxes that have been enacted in recent years. If the agreement unravels, they will face a new wave of uncertainty.

The entire project has been on shaky ground in recent months amid continuing opposition in the European Union, delays over technical fine print and concerns about whether the United States would actually join. Nevertheless, it remains possible that the European Union and other countries will still move ahead with the agreement, leaving the United States as an awkward outlier from a deal that it revived last year.

“With or without the U.S., there does seem to be a very significant chance that that architecture will be stood up,” said Manal Corwin, a Treasury official in the Obama administration who now heads the Washington national tax practice at KPMG. “Once you get a few countries that make those first moves, whether it’s the E.U. or some other critical mass, I think you’ll see others follow pretty quickly.”

That poses risks for U.S. companies, including the chance that their tax bills could go up, given an enforcement mechanism that the Treasury Department helped create to nudge reluctant countries into the agreement. If the United States doesn’t adopt a 15 percent minimum tax, American companies with subsidiaries in participating countries could wind up paying penalty taxes to those foreign governments.

“If Congress doesn’t adopt, that doesn’t prevent the European Union and Japan and others from moving forward in this area, at which point, I think, Congress would see it’s in the U.S. interest to adopt, because otherwise our companies will also get hit by this enforcement principle,” Kimberly Clausing, who recently left her job as Treasury’s deputy assistant secretary for tax analysis, said at a Tax Policy Center event last month.

Barbara Angus, the global tax policy leader at Ernst & Young, said a failure by the United States to comply with the deal would have “significant implications” for American companies.

“For this framework to work as it’s intended, there really does need to be consistency and coordination,” said Ms. Angus, who is also a former chief tax counsel on the House Ways and Means Committee.

The Treasury Department could not provide an estimate for how much additional tax American companies would have to pay to foreign governments if the United States was left out of the global agreement. If fully enacted, the agreement is projected to raise about $200 billion of tax revenue for the United States over a decade.

Pascal Saint-Amans, director of the center for tax policy and administration at the Organization for Economic Cooperation and Development, said he thought that the European Union would find a way to move beyond member state opposition and that, once it ratified that agreement, the United States would come under pressure to join.

“Once E.U. has moved, U.S. has the following choice: Either they move or they leave the taxing right on U.S. multinational enterprises to the Europeans,” Mr. Saint-Amans said in a text message. “Even the Republicans would not let this go.”

For now, Republican opposition to the tax deal seems unlikely to bend. Lawmakers have complained for the last year of being excluded from the international negotiations and assailed Ms. Yellen for giving foreign countries new powers to tax American companies.

“The world should know that despite what the Biden administration is pushing, the U.S. is not going to surrender economically to our foreign competitors by raising our global minimum tax rate based on an agreement that is neither enforceable nor complete nor in our interest,” said Representative Kevin Brady of Texas, the top Republican on the Ways and Means Committee. “Congress will not ratify an O.E.C.D. deal that cedes our constitutional authority to set tax rules or fails to protect key U.S. tax incentives.”

Mr. Brady, who will retire at the end of his term, added: “There’s little political support for an agreement that makes the U.S. less competitive and surrenders our tax base to foreign competitors.”

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FBI investigating massive jewelry heist in SoCal

LOS ANGELES (KABC) — Jewelry, gems, high-end watches and other valuables worth millions of dollars were stolen from an armored truck in Southern California.

The Brink’s armored vehicle was headed for a jewelry show in Pasadena early on the morning of July 11 when it was robbed near the mountain community of Frazier Park.

The vehicle had pulled over at a rest stop and was broken into, the Los Angeles County Sheriff’s Department told ABC News. The driver and crew of the vehicle are cooperating with investigators.

It had been loaded the day before following an exhibit near San Francisco. The FBI office in Lancaster is working with the LASD to investigate.

“It’s such a tragic situation,” said Arnold Duke, president of the International Gem and Jewelry Show.

Multiple exhibitors, some of them based in downtown Los Angeles, had merchandise on the truck and many of them have lost their life savings. Insurance is expected to only cover a fraction of their losses.

There is some conflicting information about the value of the merchandise. Brink’s says the items were given an estimated value of less than $10 million. But exhibitors say the value is actually between $100 million to $150 million.

The discrepancy is apparently the result of a common practice in the industry.

“They under-insure,” Duke said. “Because the extra insurance is very, very expensive. And because everybody trusts Brink’s a million percent. And they’ve never lost anything of ours. After all these years, people are just very, very comfortable.”

Duke said stolen items include gold jewelry, thousands of diamonds, about 100 watches from Rolex and Cartier and rare gems. Some of the items, like the watches and diamonds, have engraved serial numbers and may be trackable.

The traveling show happens every week at different locations around the country. The Brink’s truck was heading to the Pasadena Convention Center for the July 15-17 show.

Brink’s issued a statement that read in part: “According to the information the customers provided to us before they shipped their items, the total value of the missing items is less than $10 million. We are working with law enforcement and we will fully reimburse our customers for the value of their assets that were stolen, in accordance with the terms of our contract.”

Law-enforcement experts say a heist of this magnitude is rare.

“To have a robbery like this occur with that amount of money, possibly upwards of $150 million in losses, is just incredible,” said law-enforcement expert Bruce Thomas.

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