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Fox News Hosts Ed Henry, Tucker Carlson, and Sean Hannity Accused of Sexual Misconduct

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  • Two women who previously worked for or with Fox News filed a lawsuit claiming they faced sexual harassment, assault, and gender-based discrimination while at the job. 
  • Former associate producer Jennifer Eckhart said she was “violently raped” by anchor Ed Henry. Henry was fired from the network a few weeks ago after Fox News investigated sexual misconduct claims against him, though details about this claim were not released.
  • Frequent on-air guest Cathy Areu claims that Henry sent her inappropriate sexual photos and suggested they should sleep together. She also accused hosts Tucker Carlson, Sean Hannity, and others of harassment. 
  • Henry’s lawyer denied Eckhart’s claims. Fox News also said that based on an independent investigation, they believe the allegations against Carlson, Hannity, and other talent are false. 

Ed Henry Accused of Assault and Rape

It has been exactly four years since Roger Ailes resigned from his position as Fox News CEO following claims of sexual misconduct. However, a lawsuit filed Monday suggests the company culture that allowed for such misconduct remains.

The civil suit lodges allegations against big names at Fox News, including anchors like Ed Henry, Tucker Carlson, and Sean Hannity. The plaintiffs are Jennifer Eckhart and Cathy Areu. Eckhart is a former associate producer and Areu is an on-air personality who used to regularly appear as a guest on Fox News programs. Some of the allegations in the case are graphic enough to warrant a trigger warning at the top of the suit. 

Eckhart claims that throughout her time at Fox News, Henry leveraged his power over her career and asked her to be his “sex slave” and “little whore.” If she did not comply with his sexual demands, she was threatened. 

Henry allegedly manipulated her into a sexual relationship and she claims some assaults happened on office property. In one case, she said she was “violently raped” while at a hotel where Fox News frequently posted guests from out of town. 

Eckhart says she was “helpless and restrained in metal handcuffs, as Mr. Henry performed sadistic acts on her without her consent that left her injured, bruised and battered with bloody wrists.” Before committing this assault, the lawsuit alleges that Henry took photos of her without her consent “as an intimidation tactic to silence her.”

The complaint also includes graphic messages Henry allegedly sent to Eckhart that contain sexual and violent language. Those messages say things like “when u r owned u don’t get a ‘choice’” and “#obey or #discipline.”

Fox News announced that Henry had been fired from the network on July 1 as a result of sexual misconduct allegations, but did not further elaborate on what those claims exactly entailed. The lawsuit alleges that the network knew about Eckhart’s claims as early as 2017. 

Areu also claimed that Henry engaged in inappropriate conduct with her. She claims that he sent her explicit messages and imagines, some of which included sex acts or close up shots of women exposing their genitals. He also allegedly suggested that the two have sex, and when she rejected his advances, she said he berated her and ended their professional relationship.

Allegations Against Other Personalities

Areu also said she was subject to harassment from some of Fox’s most notable on-air figures. She claimed that after an appearance on Sean Hannity’s show, he put $100 on the desk and repeatedly asked the men in the room to use it to take her on a date. She said this was especially humiliating because, at the time, she was hooked into studio equipment she could not remove herself, so she was essentially stuck in the studio to watch the situation play out. 

The lawsuit also claims that she made frequent appearances on Tucker Carlson’s show, with at least 17 slots in 2018 alone. After one of her appearances at the end of 2018, Carlson allegedly told her he was staying alone at a New York hotel without his wife or kids. 

“Without question, Mr. Carlson was probing to see whether Ms. Areu was interested in a sexual relationship,” the lawsuit states. “Ms. Areu awkwardly sidestepped Mr. Carlson’s advances and declined to spend the night at his hotel. Mr. Carlson promptly retaliated against Ms. Areu, who was featured on his show only three times in 2019 and has not appeared once in 2020.”

Carlson was not the only one to allegedly swipe career opportunities after being rejected. The lawsuit also says that Howard Kurtz, who hosts Fox News’ “Media Buzz,” offered to giver her career advice, but only if she came alone to his hotel room. When she suggested that they meet another way, he stopped connecting with her. Areu says something similar happened with political analyst Gianno Caldwell, who said he would introduce her to pundit and Fox News regular Ann Coulter on the condition that she went out with him.

Eckhart and Areu are now seeking undisclosed damages for a hostile work environment, sexual harassment, gender discrimination, and retaliation against all the defendants. Henry and Fox News are also cited for sex trafficking, and Henry once more for gender-based violence.

Responses to the Lawsuit

Henry’s attorney, Catherine Foti, defended him against the allegations Eckhart has put forth. 

“The Me Too movement has helped to bring to light a number of injustices in our society, and everyone that has suffered deserves to be heard. This is not one of those cases,” Foti said in a statement. 

“The evidence in this case will demonstrate that Ms. Eckhart initiated and completely encouraged a consensual relationship,” the statement continued. “Ed Henry looks forward to presenting actual facts and evidence, which will contradict the fictional accounts contained in the complaint.”

For its part, Fox News said an independent investigation was conducted by an outside law firm.  Based on its findings, the network believes that the accusations against Carlson, Hannity, Kurtz, and Caldwell are “false, patently frivolous and utterly devoid of any merit.”

“We take all claims of harassment, misconduct and retaliation seriously, promptly investigating them and taking immediate action as needed — in this case, the appropriate action based on our investigation is to defend vigorously against these baseless allegations,” Fox News said.

When it came to the claims being levied at Henry, the network said that “Ms. Areu and Jennifer Eckhart can pursue their claims against Ed Henry directly with him, as FOX News already took swift action as soon as it learned of Ms. Eckhart’s claims on June 25 and Mr. Henry is no longer employed by the network.”

Eckhart and Areu are represented by Douglas Wigdor and Michael Willemin, who have previously worked on cases against Fox News, including lawsuits against Roger Ailes. Both women say that being vocal about their experiences has been difficult. 

“My decision to speak out was not an easy one, but I refuse to let fear of retaliation, victim shaming and further attacks intimidate me into remaining silent,” Eckhart said. “I am hopeful that my decision to file this action will result in positive change or women at Fox, and for all victims in the workplace.”

Areu made a statement with a similar sentiment, adding that she “could not stay silent given the tremendous harm that Mr. Henry and others at Fox News have caused for women affiliated with the company.”

See what others are saying: (The Hollywood Reporter) (Politico) (New York Times)

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Purdue Pharma Agrees To Plead Guilty To 3 Opioid-Related Charges in $8B Settlement, But Don’t Expect Them To Pay the Full Amount

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  • As part of a more than $8 billion settlement with the U.S. Department of Justice, Purdue Pharma will plead guilty to one count of conspiracy to defraud the U.S. government and two counts of violating anti-kickback, or bribery, laws.
  • Because Purdue filed for bankruptcy last year, that full figure likely won’t be collected by the government.
  • Under the settlement, which will need approval in bankruptcy court, Purdue would become a public benefit corporation that is controlled by the government, with revenue from opioid sales being used to fund treatment options and programs.
  • A number of state attorneys generals and Democratic lawmakers have said the settlement does not hold Purdue or its owners fully accountable and could derail thousands of other cases against the company.
  • They have also argued that the government should “avoid having special ties to an opioid company… that caused a national crisis.”

Purdue to Plead Guilty to 3 Criminal Charges

The Justice Department announced Wednesday that Purdue Pharma has agreed to plead guilty to three criminal charges related to fueling the country’s opioid epidemic. 

Notably, those guilty pleas come as part of a massive settlement worth more than $8 billion, though Purdue will likely only pay a fraction of that amount to the government.

Purdue is the manufacturer of oxycontin, which is a powerful and addictive painkiller that’s believed to have driven the opioid crisis. Since 2000, opioid addiction and overdoses have been linked to more than 470,000 deaths. 

As part of the settlement, Purdue will plead guilty to one count of conspiracy to defraud the United States. There, it will admit that it lied to the Drug Enforcement Administration by claiming that it had maintained an effective program to avoid opioid misuse. It will also admit to reporting misleading information to the DEA in order to increase its manufacturing quotas.

While Purdue originally told the DEA that it had “robust controls” to avoid opioid misuse, according to the Justice Department, it had “disregard[ed] red flags their own systems were sending up.”

Along with that guilty plea, Purdue will also plead guilty to two anti-kickback, or bribery, related charges. In one charge, it will admit to violating federal law by paying doctors to write more opioid prescriptions. In the other, it will admit to using electronic health records software to increase opioid prescriptions.

According to a copy of the plea deal obtained by the Associated Press, Purdue “knowingly and intentionally conspired and agreed with others to aid and abet” the distribution of opioids from doctors “without a legitimate medical purpose and outside the usual course of professional practice.”

The $8 billion in settlements will be split several different ways.

In one deal, the Sackler family — which owns Purdue — will pay $225 million to resolve civil fines. 

As part of the main deal, another $225 million will go directly to the federal government in a larger $2 billion criminal forfeiture; however, the government is actually expected to forego the rest of that figure.

In addition to that, $2.8 billion will go to resolving Purdue’s civil liability. Another $3.54 billion will go to criminal fines, but because Purdue filed bankruptcy last year, these figures also likely won’t be fully collected — largely because the government will now have to compete with other claims against Purdue in bankruptcy court.”

Purdue Will Become a “Public Benefit Company”

Since Purdue is in the middle of bankruptcy proceedings, a bankruptcy court will also need to approve the settlement.

“The agreed resolution, if approved by the courts, will require that the company be dissolved and no longer exist in its present form,” Deputy Attorney General Jeffrey Rosen said. 

However, that doesn’t mean that Purdue’s fully gone or that it will even stop making oxycontin. In fact, as part of this settlement, the Sacklers would relinquish ownership of Purdue, and it would then transform into what’s known as a public benefit company.

Essentially, that means it would be run by the government. Under that setup, money from limited oxycontin sales, as well as from sales of several overdose-reversing medications, would be pumped back into treatment initiatives and other drug programs aimed at combating the opioid crisis.

For its part, the Justice Department has endorsed this model. 

Should Purdue Be Punished More?

There has been strong opposition to this deal, mainly from state attorneys general and Democratic members of Congress who say it doesn’t go far enough.

Those critics argue that the settlements don’t hold Purdue or the Sackler family fully accountable, especially the Sacklers since — unlike Purdue — they didn’t have to admit any wrongdoing.

“[W]hile our country continues to recover from the pain and destruction left by the Sacklers’ greed,” New York Attorney General Letitia James said, “this family has attempted to evade responsibility and lowball the millions of victims of the opioid crisis. Today’s deal doesn’t account for the hundreds of thousands of deaths or millions of addictions caused by Purdue Pharma and the Sackler family.”

“If the only practical consequence of your Department’s investigation is that a handful of billionaires are made slightly less rich, we fear that the American people will lose faith in the ability of the Department to provide accountability and equal justice under the law,” A coalition of 38 Democratic members of Congress said in a statement to Attorney General Bill Barr last week.

While this settlement doesn’t include any convictions against the Sacklers specifically, as the Justice Department noted, it also doesn’t release them from criminal liability and a separate criminal investigation is ongoing. 

Still, last week, 25 state attorneys general asked Barr not to make a deal that includes converting Purdue into a public benefit company, urging the Justice Department to “avoid having special ties to an opioid company, conflicts of interest, or mixed motives in an industry that caused a national crisis.” 

Part of their concern is that the government would essentially run this new company while also holding the original one accountable. Those attorneys general instead argued that Purdue should be run privately but with government oversight. 

See what others are saying: (Associated Press) (The New York Times) (Fox Business)

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Parents of 545 Children Separated at U.S. Border Still Can’t Be Found

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  • A Tuesday filing update from the ACLU and Department of Justice revealed that a Steering Committee in charge of reuniting families that were separated at the U.S.-Mexico border has not been able to find parents of 545 separated children. 
  • Efforts to reach these parents via telephone have been unsuccessful and those involved are not hopeful that will change. Two-thirds of these parents are believed to be in their respective countries of origin.
  • So far, parents for 485 kids have been reached.
  • Finding these parents is an already complicated process made even more strenuous by the coronavirus pandemic. On-the-ground searches were suspended because of COVID-19 but have now picked up in limited capacity.

Parents of 545 Children Remain Unfound

A Tuesday court filing from the U.S. Department of Justice and American Civil Liberties Union revealed that the parents of 545 children who had been separated at the U.S.-Mexico border have not been found or contacted.

Two thirds of those parents are expected to be in their respective country of origin. While there have been efforts to reach these families via phone, they have not been successful. Other efforts to reach these parents are in the works. 

Thousands of families were separated in 2018 under President Donald Trump’s zero tolerance policy, but a federal judge ordered that those families should be reunited. Soon after, many were, but in reality many more families had actually been separated. It was later revealed that the Trump Administration had been separating families back in 2017 under a pilot program. A court order reuniting those families was not issued until last year. 

A Steering Committee, of which the ACLU and other organizations are members, is now searching for these parents. According to the filing, the government provided a list of 1,556 children. The current focus on reaching children whose membership in this case is not contested and who have available contact information for a sponsor or parent. The Steering Committee has attempted to reach the families of all 1,030 children who fit that bill, and have successfully reached the parents, or their attorneys, for 485 kids. 

“There is so much more work to be done to find these families, Lee Gelernt, the deputy director of the ACLU Immigrants’ Rights Project, told NBC News, which broke the story.

“People ask when we will find all of these families, and sadly, I can’t give an answer. I just don’t know,” he continued. “But we will not stop looking until we have found every one of the families, no matter how long it takes. The tragic reality is that hundreds of parents were deported to Central America without their children, who remain here with foster families or distant relatives.”

Efforts to Find Parents

Because so much time has passed between family separation practices and today, initiatives to find those parents are difficult. They are also further complicated by the fact that during the pilot program, U.S. officials did not collect thorough information from these parents, and many were deported before courts ordered they be reunited with their kids. 

Nan Schivone, the legal director for Justice in Motion, which carries out on-the-ground searches for parents, told The Washington Post that attorneys “take the minimal, often inaccurate or out-of-date information provided by the government and do in-person investigations to find these parents.” 

Schivone said it is an “an arduous and time-consuming process on a good day.” Sometimes, these lawyers might find themselves in remote villages where outsiders are suspect and language barriers can slow down communication.

The pandemic halted these efforts as lockdowns and curfews made it impossible for Justice in Motion to look for parents abroad. Though, Tuesday’s filing revealed that “limited physical on-the-ground searches for separated parents has now resumed where possible to do so.” 

See what others are saying: (NPR) (NBC News) (Washington Post)

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Scott Peterson’s Murder Convictions To Be Re-examined

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  • Scott Peterson was convicted in 2004 of murdering his wife, Laci, and their unborn child.
  • He was sentenced to death for the crimes, but the California Supreme Court overturned the death sentence in August of this year after finding that the trial court improperly dismissed potential jurors. The court did, however, uphold the convictions.
  • Now, the CA Supreme Court has ordered the San Mateo County Superior Court to review the convictions and determine whether Peterson should be given a new trial on the grounds that one juror “committed prejudicial misconduct by not disclosing her prior involvement with other legal proceedings.”
  • That juror had not disclosed the fact that she was granted a restraining order in 2000 against her boyfriend’s ex-girlfriend for harassing her when she was pregnant.

Peterson’s Death Sentence Was Previously Overturned

The California Supreme Court on Wednesday ordered a review of Scott Peterson’s 2004 convictions for murdering his wife, Laci, and their unborn son.

Peterson was sentenced to death by lethal injection for those crimes in 2005, but in August of this year, the California Supreme Court overturned his death sentence. 

We reject Peterson’s claim that he received an unfair trial as to guilt and thus affirm his convictions for murder,“ the court said at the time. “But before the trial began, the trial court made a series of clear and significant errors in jury selection.”

As far as what errors the court is talking about, it said the trial judge wrongly discharged prospective jurors who expressed opposition to capital punishment but said they would be willing to impose it.

Court to Decide on Potential New Trial

Now, weeks later, the California Supreme Court has ordered that the case return to the San Mateo County Superior Court to determine whether Peterson should be given a new trial on the ground that a juror “committed prejudicial misconduct by not disclosing her prior involvement with other legal proceedings, including but not limited to being the victim of a crime.”

According to the Los Angeles Times, that juror had not shared the fact that she was granted a restraining order in 2000 against her boyfriend’s ex-girlfriend for harassing her when she was pregnant. 

Peterson’s lawyers even say that when all potential jurors were asked whether they had ever been a victim of a crime or involved in a lawsuit, the juror said no to both questions.

They also say she was one of the two holdouts for convicting Peterson of first-degree murder for killing his unborn child, with the jury ultimately convicting Peterson of the first-degree murder of Laci and the second-degree murder of the unborn child. 

For now, it’s up to the San Mateo Court to decide what happens next, but the California Supreme Court did say that prosecutors could again seek the death penalty for Peterson at a new hearing.

See what others are saying: (The New York Times) (Los Angeles Times) (NBC News)

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