crime

Friday January 15, 2021

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday January 15, 2021

Can President Trump issue pardons while impeached? Experts at odds

With just days left before the end of U.S. President Donald Trump’s presidency, the House of Representatives voted to impeach Trump for a historic second time Wednesday, citing “incitement of insurrection” after a mob of supporters stormed the U.S. Capitol one week ago.

January 12, 2021

At the same time, the FBI has been making arrests across the country relating to the riots, prompting some to wonder whether Trump would try to squeeze in more pardons before his term is up, including pardoning his supporters, his family, and even himself.

Trump’s presidency has raised legal questions around pardons previously never tested in federal courts: the constitutionality of a self-pardon, for example, remains unclear since no president had ever attempted it before, with legal scholars divided on how to interpret the law.

Does Trump’s impeachment change anything when it comes to issuing pardons?

January 8, 2021

In Article II, Section 2 of the U.S. Constitution, it states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

But legal experts appear divided in what the clause “except in cases of impeachment” means.

December 3, 2020

“The conventional wisdom and centuries of treatises and textbooks tell us that when the Constitution says that the president can pardon ‘except in cases of impeachment’ means that the criminal process and the impeachment process are separate, and the president can only pardon crimes,” Brian Kalt, an expert on constitutional law and presidential history, and a law professor at Michigan State University, told CTVNews.ca in an email.

“He can’t stop an impeachment or undo an impeachment conviction, but he can still pardon any related crimes.”

With the House voting 232-197 to impeach the president, a two-thirds majority is still needed in the Senate in order to convict and remove Trump, the only U.S. president ever to be impeached twice. But the earliest a Senate trial would begin is next Tuesday, right before president-elect Joe Biden’s inauguration.

Kalt explains that Trump retains all of his powers until he is convicted or his term ends, meaning, “he can still issue pardons — whether related to his impeachment or not — while he is impeached.”

August 8, 1998

Kalt noted that former president Bill Clinton pardoned 34 people between his impeachment on Dec 19, 1998 and his acquittal on Feb 12, 1999.

“Nobody batted an eye at that because, again, the standard reading of the impeachment exception to the pardon power … is uniformly understood and accepted.”

Based on Clinton’s example, Trump could still issue pardons during his final week in office. Prior to his impeachment, he had already discussed issuing pardons for himself and his children, according to a CNN report this week, citing multiple sources. The report noted Trump, his allies and family members who partipated in the rally at the Capitol could potentially face legal exposure following the riots.

2020 Gallery – Trump

Trump could, in theory, issue a blanket pardon that covers himself and his children up until the time he leaves office, according to CNN’s source. Another source indicated that Trump may extend it to others outside the family as well, including Trump’s personal lawyer, Rudy Giuliani.

Already Trump’s previous pardons — which have included four American men convicted of killing Iraqi civilians, his former campaign manager Paul Manafort, ex-adviser Roger Stone, and his son-in-law’s father, Charles Kushner — have generated enormous outrage. (CTV) 

 

Tuesday August 23, 2016

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator Ð Tuesday August 23, 2016 Police chiefs want new law that would compel people to reveal passwords Canada's police chiefs want a new law that would force people to hand over their electronic passwords with a judge's consent. The Canadian Association of Chiefs of Police has passed a resolution calling for the legal measure to unlock digital evidence, saying criminals increasingly use encryption to hide illicit activities. There is nothing currently in Canadian law that would compel someone to provide a password to police during an investigation, RCMP Assistant Commissioner Joe Oliver told a news conference Tuesday. Oliver said criminals Ñ from child abusers to mobsters Ñ are operating online in almost complete anonymity with the help of tools that mask identities and messages, a phenomenon police call "going dark." "The victims in the digital space are real," Oliver said. "Canada's law and policing capabilities must keep pace with the evolution of technology." The chiefs' proposed password scheme is "wildly disproportionate," because in the case of a laptop computer it would mean handing over the "key to your whole personal life," said David Christopher, a spokesman for OpenMedia, a group that works to keep the Internet surveillance-free. "On the face of it, this seems like it's clearly unconstitutional." The police chiefs' resolution comes as the federal government begins a consultation on cybersecurity that will look at issues including the best way to balance online freedoms with the needs of police. The consultation runs until Oct. 15. (Source: CBC) http://www.cbc.ca/news/politics/passwords-rcmp-compel-iphone-1.3723325 Canada, police, computer, passwords, privacy, justice, crime, investigation

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Tuesday August 23, 2016

Police chiefs want new law that would compel people to reveal passwords

Canada’s police chiefs want a new law that would force people to hand over their electronic passwords with a judge’s consent.

The Canadian Association of Chiefs of Police has passed a resolution calling for the legal measure to unlock digital evidence, saying criminals increasingly use encryption to hide illicit activities.

There is nothing currently in Canadian law that would compel someone to provide a password to police during an investigation, RCMP Assistant Commissioner Joe Oliver told a news conference Tuesday.

Oliver said criminals — from child abusers to mobsters — are operating online in almost complete anonymity with the help of tools that mask identities and messages, a phenomenon police call “going dark.”

“The victims in the digital space are real,” Oliver said. “Canada’s law and policing capabilities must keep pace with the evolution of technology.”

The chiefs’ proposed password scheme is “wildly disproportionate,” because in the case of a laptop computer it would mean handing over the “key to your whole personal life,” said David Christopher, a spokesman for OpenMedia, a group that works to keep the Internet surveillance-free.

“On the face of it, this seems like it’s clearly unconstitutional.”

The police chiefs’ resolution comes as the federal government begins a consultation on cybersecurity that will look at issues including the best way to balance online freedoms with the needs of police. The consultation runs until Oct. 15. (Source: CBC)

 

Wednesday January 13, 2016

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator Ð Wednesday January 13, 2016 The Blair roach project has won a powerful supporter. Premier Kathleen Wynne said she is pleased Prime Minister Justin Trudeau has asked former Toronto police chief Bill Blair, now Scarborough Southwest MP, to lead the marijuana legalization efforts. ÒI have a lot of respect for Bill Blair. I think that heÕll do a great job and his taking on of that role is the beginning of that national conversation that I said we have to have,Ó Wynne told reporters Monday at QueenÕs Park. The premier added that she was heartened that Blair is embracing her proposal to have cannabis sold through government-owned Liquor Control Board of Ontario outlets. ÒIÕm encouraged that he had, as a preliminary approach, that he thinks that it might make sense to use a distribution network thatÕs in place, . . . (although thatÕs) not a foregone conclusion,Ó she said. ÒHeÕs got a lot of people to talk to and heÕs got a lot of questions to ask and a lot of decisions to make over the coming months, so I look forward to that conversation.Ó Blair, a rookie MP who is parliamentary secretary to Justice Minister Jody Wilson-Raybould, will work with a three-member cabinet team and a soon-to-be-named federal-provincial-territorial task force to develop the policy for legalizing marijuana. On Friday, Blair said Ottawa will look to Colorado and other jurisdictions that have legalized marijuana sales. ÒWe have pretty robust systems of regulation for other intoxicants in this country, mostly overseen by the provinces, and so weÕve already got a model, a framework we can build on here,Ó he said. ÒI think there are certain modifications or adjustments that we may have to make for cannabis as opposed to alcohol, but I think there is already a strong system in place for the control and regulationÓ of marijuana sales here. The police veteran, who himself has never smoked marijuana, pointed out that it is Òvery difficul

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Wednesday January 13, 2016

The Blair roach project has won a powerful supporter.

Premier Kathleen Wynne said she is pleased Prime Minister Justin Trudeau has asked former Toronto police chief Bill Blair, now Scarborough Southwest MP, to lead the marijuana legalization efforts.

“I have a lot of respect for Bill Blair. I think that he’ll do a great job and his taking on of that role is the beginning of that national conversation that I said we have to have,” Wynne told reporters Monday at Queen’s Park.

The premier added that she was heartened that Blair is embracing her proposal to have cannabis sold through government-owned Liquor Control Board of Ontario outlets.

Tuesday July 16, 2013“I’m encouraged that he had, as a preliminary approach, that he thinks that it might make sense to use a distribution network that’s in place, . . . (although that’s) not a foregone conclusion,” she said.

“He’s got a lot of people to talk to and he’s got a lot of questions to ask and a lot of decisions to make over the coming months, so I look forward to that conversation.”

Blair, a rookie MP who is parliamentary secretary to Justice Minister Jody Wilson-Raybould, will work with a three-member cabinet team and a soon-to-be-named federal-provincial-territorial task force to develop the policy for legalizing marijuana.

On Friday, Blair said Ottawa will look to Colorado and other jurisdictions that have legalized marijuana sales.

“We have pretty robust systems of regulation for other intoxicants in this country, mostly overseen by the provinces, and so we’ve already got a model, a framework we can build on here,” he said.

“I think there are certain modifications or adjustments that we may have to make for cannabis as opposed to alcohol, but I think there is already a strong system in place for the control and regulation” of marijuana sales here.

The police veteran, who himself has never smoked marijuana, pointed out that it is “very difficult” for under-aged Ontarians to buy booze at the LCBO.

“You’re going to come up against a government employee who’s got regulations to enforce and is going to ask for identification and if a person’s under age, they’re not going to be able to buy that,” said Blair. (Source: Toronto Star)

 

Tuesday July 24, 2012

By Graeme MacKay, The Hamilton Spectator, Tuesday July 24, 2012

Toronto police funding ‘huge victory,’ says Mayor Ford

Toronto Mayor Rob Ford declared victory after getting an assurance Monday from the province that funding would continue for a special police unit charged with addressing the root causes of violence.

Funding for the Toronto anti-violence intervention strategy (TAVIS) unit comes from the province, and Ford said Monday that Premier Dalton McGuinty committed to extending that funding on a permanent basis.

“I think that’s a huge victory for the taxpayers of Toronto,” Ford said in brief remarks after a meeting Monday afternoon with the premier and Toronto Police Chief Bill Blair that was called in the wake of a recent spate of violent gun crime in the city.

“I take Mr. McGuinty at his word. He told me straight out and no, there was no BS. I wasn’t going to sit there and listen to it,” Ford said.

“I asked for funding for TAVIS and he said, ‘Yes, we’re going to continue funding TAVIS.’ That’s what the people want. People want to live in this great city, which it is, and people want to come here and create jobs and have a safe environment to create jobs.”

Chief Blair said the funding commitment from the province will allow police to build on what TAVIS has already accomplished and to plan future deployments.

The mayor has previously disparaged youth outreach initiatives as “hug-a-thug” programs, while the premier has said a balanced approach is needed, with a need to invest in both social programs and police initiatives.

In another development, Ford will meet with Prime Minister Stephen Harper in Toronto on Tuesday to discuss gun crime. (Source: CBC News)

 

Saturday July 21, 2012

By Graeme MacKay, The Hamilton Spectator, Saturday July 21, 2012

Rob Ford’s gun crime call-in

Mayor Rob Ford says he wants to banish everybody convicted of gun crimes from Toronto, not just immigrants.

“I don’t care if you’re white, pink, or purple, I don’t care what country you’re from, I don’t care if you’re a Canadian citizen or not. All I’m saying is, if you’re caught with a gun and convicted of a gun crime, I want you out of this city,” Ford said on NewsTalk 1010 Thursday night during an interview in which he struggled to explain himself.

Ford said on AM640 on Wednesday that he would be asking the prime minister to look at “immigration laws” in finding a way to implement his exile proposal. Though federal immigration minister Jason Kenney said on Twitter that he agreed, the cryptic comment was generally received with a mix of anger and bewilderment.

Ford called in to the NewsTalk show hosted by John Downs and Ryan Doyle to address the criticism. He said he had spoken imprecisely in the Wednesday interview and had not meant to single out immigrants.

The new interview, however, was itself perplexing, sounding at times like an Abbott and Costello routine about the federal government as Ford uncertainly attempted to explain to Downs why he mentioned immigration laws if he had not been referring to immigration. (Source: Metro News)