Connect with us

U.S.

DOJ Investigating Whether or Not to Pursue Hate Crime Charges in Ahmaud Arbery Case

Published

3 years ago

on

  • On Thursday, the two men who allegedly chased and gunned down unarmed black runner Ahmaud Arbery were arrested for his murder after walking free for more than two months after his death. 
  • On Friday, Georgia Bureau of Investigation Director Vic Reynolds said that the agency has “sufficient probable cause in this case for felony murder.” 
  • On Saturday, new footage showing Arbery at a house under construction emerged, though the lawyer for Arbery’s family argued he didn’t take anything and that this wasn’t enough to justify his death.
  • On Sunday, state Attorney General Chris Carr asked the DOJ to investigate local authorities’ handling of the case.
  • On Monday, the DOJ announced it was investigating whether or not to issue federal hate crime charges.

McMichaels Arrested for Arbery’s Death

On Monday, Department of Justice spokesperson Kerri Kupec said the agency is “assessing all of the evidence to determine whether federal hate crimes charges are appropriate” in the shooting death of 25-year-old Ahmaud Arbery.

That announcement is part of a series of rapidly-advancing developments in what began as a slow-to-develop story. For more than two months, Gregory and Travis McMichael walked free after allegedly chasing and gunning down Arbery. On Thursday, they were finally charged with murder. 

Their arrests come just two days after a video appearing to capture their confrontation leaked online. 

According to prosecutors, on Feb. 23, Arbery reportedly went out for a jog in the coastal town of Brunswick, Georgia. During that jog, someone called 911, saying they saw Arbery in a house that was under construction. Before the call ended, Arbery had already left the house. 

Shortly thereafter, 64-year-old Gregory McMichael also saw Arbery, believing him to be the culprit behind a recent series of break-ins. He and his 34-year-old son Travis reportedly grabbed a revolver and a shotgun before chasing Arbery down the road in their truck. Minutes later, Arbery was dead after being shot by Travis McMichael as the two fought over the shotgun.

Friday morning, Georgia Bureau of Investigation Director Vic Reynolds said the agency had found “more than sufficient probable cause in this case for felony murder.” 

At that press conference, Reynolds also addressed questions about potentially arresting a third person. That’s because, according to former prosecutor George Barnhill, another man joined the McMichaels in “hot pursuit” of Arbery. 

Currently, that’s believed to be William Bryan, who filmed that leaked video. Reynolds said that Bryan—along with others—is being investigated. While Reynolds said that more arrests could be made, he also stressed that the agency is going to be guided by facts before making any more arrests.

Bryan’s lawyer has argued that Bryan fully cooperated with the investigation and that he is simply “a witness to the tragic shooting.”

“There had been a number of crimes in the neighborhood, and [Bryan] didn’t recognize [Arbery] and a vehicle that he did recognize was following [Arbery],” that attorney said.

Seemingly countering that testimony, according to a police report, Gregory McMichael said Bryan “attempted to block” Arbery as the men pursued him but “was unsuccessful.”

Video of Arbery in Home Under Construction

On Saturday, several local outlets published more footage of Arbery just before his death. In that footage, a man that appears to be Arbery can be seen going into the house that was under construction.

Notably, he’s only there for a few minutes. He doesn’t appear to take anything. 

In a separate piece of footage, another person runs up to a stand of trees across the street and appears to be watching what’s going on. That footage then ends with Arbery leaving and running back down the street.

After this, the GBI confirmed this video to be part of its investigation, but it wouldn’t say if the first figure in the video was, in fact, Arbery.

Later Saturday, the attorney for Arbery’s family, Lee Merritt, said in a statement that his office does believe the person in the video is Arbery. Still, Merritt said that the existence of such footage is no justification for Arbery’s death.

“He engaged in no illegal activity and remained for only a brief period,” Merritt said. “Ahmaud did not take anything from the construction site. He did not cause any damage to the property.”

“Ahmaud’s actions at this empty home under construction were in no way a felony under Georgia law,” he added. “This video confirms that Mr. Arbery’s murder was not justified and the actions of the men who pursued him and ambushed him were unjustified.”

In this time, more videos showing a man that could be Arbery at that house at night have also emerged—some of them reportedly from as far back as October 2019; however, they have not yet been confirmed to show Arbery, and it is unknown why this man was there. Currently, there is little information and large scale reporting on it.

According to Atlanta-based criminal defense lawyer Manny Arora, who spoke with the Atlanta-Journal Constitution, even though Arbery was in that home, that’s not necessarily a crime. At worst, it’s a misdemeanor, unless he was found to have taken anything. 

According to Georgia law, a citizen can arrest a person only if they see that person committing a felony. In most cases, they’re required to use reasonable force to detain a person. Deadly force can only be used to prevent a forcible felony or for self-defense.

Contrary to that law, the McMichaels allegedly initiated this attack with their guns. Arbery was unarmed.

“If you initiate an assault, you don’t get [to] then claim self-defense if the other person reacts to them being assaulted,” Arora said. 

In fact, the evidence that Arbery did not commit a felony in that home on Feb. 23 has been corroborated by the home’s owner, Larry English, who has told media outlets that he has never filed a police report for any stolen property or robbery. 

According to Glynn County police records, there haven’t been any recent burglaries in the neighborhood, except for one filed on Jan. 1 when someone stole a handgun from an unlocked truck parked at the McMichaels’ house.

Georgia AG Asks DOJ to Investigate Arbery Case

Sunday, Georgia Attorney General Chris Carr asked the Department of Justice to investigate how local authorities handled this case. 

Much of the criticism around the case and the lack of charges has been pinned back to the fact that not one but two prosecutors recused themselves for potential conflicts of interest because they had professional connections to Gregory McMichael, who is a former Glynn County police officer.

The second prosecutor in the case, Barnhill, reportedly advised police not to arrest the McMichaels as he was removing himself from the investigation.

“It appears their intent was to stop and hold this criminal suspect until law enforcement arrived,” he wrote to police. “Under Georgia Law this is perfectly legal.” 

Now, it is also being reported that Barnhill reportedly told detectives that Arbery’s killing was a “justifiable homicide.” 

That seemingly contradicts with GBI Director Reynolds saying the agency has “sufficient probable cause” for murder.

Monday morning, the DOJ said it’s considering AG Carr’s request, along with its investigation into potentially charging the McMichaels with a hate crime.

Among notable reactions, on Saturday, Jay-Z, Alicia Keys, Yo Gotti, and Meek Mill all penned a letter through Roc Nation, calling for justice in Arbery’s death. In that letter, the singers address Governor Brian Kemp, AG Carr, and the third prosecutor in the case, Tom Durden.

Though they say the McMichaels’ arrest is “a positive first step on the long road toward justice,” they add that such a development “only strengthens our resolve to see that justice is eventually served.”

In the letter, they also call for Durden to recuse himself and for Carr to appoint a special prosecutor.

Though it’s unknown what effect this letter specifically had, Monday morning, it was reported that Durden would be stepping aside. It was then announced that Cobb County District Attorney Joyette Holmes has been appointed to lead the prosecution against the McMichaels.

See what others are saying: (Atlanta-Journal Constitution) (New York Post) (The Washington Post)

Related Topics:

U.S.

Survey and Census Data Shows Record Number of Americans are Struggling Financially

Published

7 days ago

on

May 23, 2023

By

Americans are choosing not to pursue medical treatment more and more frequently as they encounter money troubles.

A recent federal survey shows that a record number of Americans were worse off financially in 2022 than a year prior.

Coupled with recent census data showing pervasive poverty across much of the country, Americans are forced to make difficult decisions, like foregoing expensive healthcare. 

According to a recent Federal Reserve Bureau survey, 35% of adults say they were worse off in 2022 than 2021, which is the highest share ever recorded since the question was raised in 2014. 

Additionally, half of adults reported their budget was majorly affected by rising prices across the country, and that number is even higher among minority communities and parents living with their children.

According to recent census data, more than 10% of the counties in the U.S. are experiencing persistent poverty, meaning the area has had a poverty rate of 20% or higher between 1989 and 2019. 

16 states report at least 10% of their population living in persistent poverty. But most of the suffering counties were found in the South — which accounts for over half the people living in persistent poverty, despite making up less than 40% of the population. 

These financial realities have placed many Americans in the unfortunate situation of choosing between medical treatment and survival. The Federal Reserve study found that the share of Americans who skipped medical treatment because of the cost has drastically increased since 2020. 

The reflection of this can be found in the overall health of households in different income brackets. 75% of households with an income of $25,000 or less report being in good health – compared to the 91% of households with $100,000 or more income. 

See what others are saying: (Axios) (The Hill) (Federal Reserve)

Continue Reading

U.S.

Montana Governor Signs TikTok Ban

Published

2 weeks ago

on

May 18, 2023

By

The ban will likely face legal challenges before it is officially enacted next year. 

First Statewide Ban of TikTok

Montana became the first state to ban TikTok on Wednesday after Gov. Greg Gianforte (R) signed legislation aimed at protecting “Montanans’ personal and private data from the Chinese Communist Party.”

The ban will go into effect on Jan. 1, 2024, though the law will likely face a handful of legal challenges before that date. 

Under the law, citizens of the state will not be held liable for using the app, but companies that offer the app on their platforms, like Apple and Google, will face a $10,000 fine per day of violations. TikTok would also be subject to the hefty daily fine. 

Questions remain about how tech companies will practically enforce this law. During a hearing earlier this year, a representative from TechNet said that these platforms don’t have the ability to “geofence” apps by state.

Roger Entner, an analyst at Recon Analytics, told the Associated Press that app stores could have the capability to enforce the restriction, but it would be difficult to carry out and there would be a variety of loopholes by tools like VPNs.

Montana’s law comes as U.S. politicians have taken aim at TikTok over its alleged ties to the CCP. Earlier this year, the White House directed federal agencies to remove TikTok from government devices. Conservatives, in particular, have been increasingly working to restrict the app.

“The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented,” Gov. Gianforte said in a Wednesday statement. 

Criticism of Montana Law

TikTok, however, has repeatedly denied that it gives user data to the government. The company released a statement claiming Montana’s law “infringes on the First Amendment rights of the people” in the state. 

“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” the company said. 

The American Civil Liberties Union condemned Montana’s law for similar reasons. 

“This law tramples on our free speech rights under the guise of national security and lays the groundwork for excessive government control over the internet,” the ACLU tweeted. “Elected officials do not have the right to selectively censor entire social media apps based on their country of origin.”

Per the AP, there are 200,000 TikTok users in Montana, and another 6,000 businesses use the platform as well. Lawsuits are expected to be filed against the law in the near future.

See what others are saying: (Associated Press) (Fast Company) (CBS News)

Continue Reading

U.S.

How a Disney-Loving Former Youth Pastor Landed on The FBI’s “Most Wanted” List

Published

1 month ago

on

April 24, 2023

By

 “Do what is best, not for yourself, for once. Think about everyone else,” Chris Burns’ 19-year-old son pleaded to his father via The Daily Beast. 

Multi-Million Dollar Scheme 

Former youth pastor turned financial advisor Chris Burns remains at large since going on the run in September of 2020 to avoid a Securities Exchange Commission investigation into his businesses.

Despite his fugitive status, the Justice Department recently indicted Burns with several more charges on top of the $12 million default judgment he received from the SEC. 

Burns allegedly sold false promissory notes to investors across Georgia, North Carolina, and Florida. The SEC claims he told the investors they were participating in a “peer to peer” lending program where businesses that needed capital would borrow money and then repay it with interest as high as 20%. Burns allegedly also reassured investors that the businesses had collateral so the investment was low-risk. 

The SEC says that Burns instead took that money for personal use. 

Burns’ History 

Burns began his adult life as a youth pastor back in 2007 before transitioning into financial planning a few years later.  By 2017, he launched his own radio show, The Chris Burns Show, which was funded by one of his companies, Dynamic Money – where every week Burns would “unpack how this week’s headlines practically impact your life, wallet, and future,” according to the description. He also frequently appeared on television and online, talking about finances and politics. 

The SEC alleges that he used his public appearances to elevate his status as a financial advisor and maximize his reach to investors.

His family told The Daily Beast that he became obsessed with success and he reportedly bought hand-made clothes, a million-dollar lakehouse, a boat, several cars, and took his family on several trips to Disney World. His eldest son and wife said that Burns was paying thousands of dollars a day for VIP tours and once paid for the neighbors to come along. 

Then in September 2020, he reportedly told his wife that he was being investigated by the Securities Exchange Commission but he told her not to worry. 

The day that he was supposed to turn over his business documents to the SEC, he disappeared, telling his wife he was just going to take a trip to North Carolina to tell his parents about the investigation. Then, the car was found abandoned in a parking lot with several cashier’s checks totaling $78,000

FBI’s Most Wanted

The default judgment in the SEC complaint orders Burns, if he’s ever found, to pay $12 million to his victims, as well as over $650,000 in a civil penalty. Additionally, a federal criminal complaint charged him with mail fraud. Burns is currently on the FBI’s Most Wanted list. 

Last week, the Justice Department indicted him on several other charges including 10 counts of wire fraud and two counts of mail fraud. 

“Burns is charged for allegedly stealing millions of dollars from clients in an illegal investment fraud scheme,” Keri Farley, Special Agent in Charge of FBI Atlanta, said in a statement to The Daily Beast. “Financial crimes of this nature can cause significant disruptions to the lives of those who are victimized, and the FBI is dedicated to holding these criminals accountable.”

His family maintains that they knew nothing of Burns’ schemes. His wife reportedly returned over $300,000 that he had given to her. 

She and their eldest son, who is now 19, told The Daily Beast they just want Burns to turn himself in, take responsibility for his actions, and try to help the people he hurt. 

“Do what is best, not for yourself, for once. Think about everyone else,” Burns’ son said in a message to his father via The Daily Beast. 

See what others are saying: (The Daily Beast) (Fox 5) (Wealth Management)

Continue Reading