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ALAN DERSHOWITZ: A Prosecution So Crooked It Would Even Make Joseph Stalin Blush

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Manhattan District Attorney Alvin Bragg

From the Daily Caller News Foundation

By ALAN M. DERSHOWITZ

 

Long before Donald Trump’s hush-money trial concluded, I predicted that his conviction was a forgone conclusion — despite the obvious weakness of the case against him.

Had the prosecution been brought in another part of the country, or even in another part of New York State, which was more fairly balanced with anti and pro-Trump voters, I am in little doubt that the outcome would have been different.

But instead, on Thursday, Trump became the first former president to be found guilty of a crime – convicted on all 34 flimsy counts of “falsifying business records.”

Why? Because this case was tried in Manhattan, where practically every man on the street wants to keep one Donald Trump out of the White House.

Perhaps the most important function of an independent jury in criminal trials is to keep a check on the biases of prosecutors and judges.

But for this constitutional protection to work, jurors must not be biased themselves against a defendant.

It’s quite apparent that this essential protection was absent.

And of course, none of these will have been disclosed on corporate forms — which would defeat the point of keeping something secret — and no one has ever been prosecuted for failing to make such a disclosure.

The infamous conversation between Stalin and the head of his KGB Lavrenty Beria is often quoted: ‘Show me the man, and I will find you the crime.’

This prosecution was even worse because, though DA Bragg tried desperately to find a crime with which to charge Trump, he failed to find one, as did his predecessor Cyrus Vance.

So Bragg went a dangerous step further than Stalin ever did: he made up a crime.

He found a misdemeanor that was past the statute of limitations — making a false bookkeeping entry on a corporate form — and magically converted it to a felony that was within the limitation period by alleging that the false entry was intended to cover up another crime.

Throughout the trial, many people inferred that crime to be an alleged attempt at election interference. But Bragg never actually explicitly stated that.

In fact, the prosecution didn’t tell the court what Trump’s other “crimes” were until their closing arguments on Wednesday — by which point the defense had no opportunity to respond.

And even then, the supposed crimes outlined were vague.

In his closing instructions, Judge Juan Merchan exposed his already apparent bias once more – telling the jurors that they didn’t actually have to agree on the specifics of Trump’s unlawful behavior.

How could someone defend themselves against such vague allegations?

It was at this moment that I became convinced that the jury would find him guilty.

And that conviction may well mark the beginning of a new era of partisan weaponization of our justice system.

DA Bragg has demonstrated how easy it now is to get a conviction against a political opponent. Other ambitious DA’s are likely to follow suit. And the ultimate losers will be the American public.

Alan Dershowitz is a professor emeritus at Harvard Law School and author of “War Against the Jews: How to End Hamas Barbarism.” This article has been republished from the author’s Substack page, which can be viewed here.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

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California’s soaring electricity rates strain consumers, impact climate goals

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From The Center Square

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While the greenhouse gas reduction programs that raise electricity rates are part of California’s climate goals, the increased prices actually discourage individuals from switching away from using fossil fuels impacting California’s ambitious climate goals.

California has completed yet another year with some of the highest electricity rates in the country – almost double the national average. The state’s electricity rates have been increasing rapidly, outpacing inflation in recent years by approximately 47% from 2019 to 2023. This is due largely to the high rates charged by the state’s three large investor-owned utilities (IOUs).

According to a report published by the California Legislative Analyst Office, the factors driving rate increases are wildfire-related costs, greenhouse gas reduction mandates, and policies and differences in utility operational structures and services territories. Ratepayers bear the brunt of these costs with those who earn lower incomes and live in hotter areas of the state the most severely affected.

The report points out that while the greenhouse gas reduction programs that raise electricity rates are part of California’s climate goals, the increased prices actually discourage individuals from switching away from using fossil fuels impacting California’s ambitious climate goals.

These programs include the Renewable Portfolio Standard (RPS), which requires utilities to provide a percentage of retail electricity sales from renewable sources, raising costs for ratepayers. Additionally, SB 350 directs the CPUC to authorize ratepayer-funded energy efficiency programs to meet California’s goal of doubling energy efficiency savings by 2030.

“While many other states operate ratepayer-supported energy efficiency programs, on average, we estimate that Californians contribute a notably greater share of their rates to such programs than is typical across the country,” the report notes.

Electricity rates pay for numerous costs related to the construction, maintenance and operation of electricity systems including the generation, transmission and distribution components. However, these rates also pay for costs unrelated to servicing electricity.

“Most notably, the state and IOUs use revenue generated from electricity rates to support various state-mandated public purpose programs,” the report says. “These programs have goals such as increasing energy efficiency, expediting adoption of renewable energy sources, supporting the transition to zero-emission vehicles (ZEVs), and providing lower-income customers with financial assistance.”

The largest public purpose program is the California Alternate Rates for Energy (CARE), which provides discounts for lower-income customers. However, the report notes that while CARE benefits certain customers, it shifts the costs onto other slightly higher-income customers and that the majority of Californians spend a larger portion of their income on electricity compared to other states.

 “According to data from the federal Bureau of Labor Statistics, California households in the lowest quintile of the income distribution typically spend about 6 percent of their before-tax incomes on electricity, compared to less than 1 percent for the highest-income quintile of households,” reads the report. “Notably, high electricity rates also can impose burdens on moderate-income earners, since they also pay a larger share of their household incomes toward electricity than their higher-income counterparts but typically are not able to qualify for bill assistance programs.”

Electricity bills also reflect other state and local tax charges including utility taxes that are used to support programs such as fire response and parks in addition to the state-assessed charge on electricity use that is put into the Energy Resources Programs Account (ERPA). This account is used to pay for energy programs and planning activities.

While many of the funds recovered through electricity rates are fixed costs for programs, these costs increased in 2022 following the repeal of a state law that limited fixed charges at $10, requiring the California Public Utilities Commission (CPUC) to authorize fixed charges that vary by income. These come out to be around $24 per month for non-CARE customers and $6 per month for CARE customers.

Wildfire related costs have also been increasing. Before 2019, wildfire costs included in electricity rates charged by IOUs were negligible, but now it has grown between 7% and 13% of typical non-CARE customers. Reasons for this increase include California’s high wildfire risk and the state’s liability standard holding IOUs responsible for all costs associated with utility-caused wildfires.

“The magnitude of the damages and risks from utility-sparked wildfires have increased substantially in recent years,” reads the report. “Correspondingly, IOUs have spent unprecedented amounts in recent years on wildfire mitigation-related activities to try to reduce the likelihood of future utility-caused wildfires, with the associated costs often passed along to ratepayers. Furthermore, California IOUs and their ratepayers pay for insurance against future wildfires, including contributing to the California Wildfire Fund.”

According to the report, electricity use and rates for Claifornians are only expected to increase and the legislature will have to determine how to tackle the statewide climate goals while reducing the burden on ratepayers.

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Daily Caller

Pastor Lectures Trump and Vance On Trans People, Illegal Immigrants

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From the Daily Caller News Foundation

By Nicole Silverio

President Donald Trump and Vice President J.D. Vance visibly rolled their eyes as the Episcopal bishop of Washington, Mariann Budde, lectured them on being kind to transgender people and immigrants at Tuesday’s National Prayer Service.

Budde requested that the newly sworn-in president and vice president “have mercy” on gay, lesbian and transgender people as well as illegal immigrants who are allegedly “scared” by the new administration. The new leaders did not appear amused by her lecture, with Vance repeatedly shooting looks to his wife, Second Lady Usha Vance.

“In the name of our God, I ask you to have mercy on the people in our country who are scared now,” Budde said. “There are gay, lesbian and transgender children in Democratic, Republican and independent families, some who fear for their lives. And the people who pick our crops and clean our office buildings, who labor in poultry farms and meat packing plants, who wash the dishes after we eat in restaurants, who work the night shifts in hospitals. They may not be citizens or have the proper documentation, but the vast majority of immigrants are not criminals. They pay taxes and are good neighbors, they are faithful members of churches and our mosques, synagogues and temples.”

WATCH: 

Trump and Vance attended the National Prayer Service along with Usha, First Lady Melania Trump and their families at the Washington National Cathedral. The interfaith service was held to “offer prayers of thanksgiving for our democracy” at the beginning of the new administration, according to a statement from the National Cathedral.

Budde, a staunch critic of Trump since his first term, said during a phone call in 2020 that she was “outraged” by the president’s speech about the importance of law and order at St. John’s Episcopal Church after it was set ablaze by Black Lives Matter protesters. She further seethed at Trump for allegedly being given no notice that the area surrounding the church would be cleared with tear gas.

Trump signed a slew of executive orders Monday evening to terminate birthright citizenship for children born to illegal immigrants, declare a national emergency at the U.S.-Mexico border and to direct the federal government to only recognize two sexes, male and female.

An Axios/Ipsos poll from Sunday found that 66% of Americans support deporting immigrants who entered the U.S. illegally, an action that Trump had promised to enact throughout his campaign. The poll surveyed 1,025 adults between January 10 to 12 with a 3.2% margin of error.

A national poll by PPRI in June 2023 found that 65% of Americans believe there are only two genders. The poll surveyed 5,000 adults between March 9-23 with a 1.5% margin of error.

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