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The Trump Administration’s “Disturbing” New Legal Strategy to Prosecute Border Crossers Is Taxing Courts and Testing the Law

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Jose Omar Flores-Penaloza was willing to admit that he had entered the United States illegally. He was ready to be deported, according to his attorneys. But federal prosecutors would not let him go last spring without making him answer for another crime — one he had never heard of. Weeks earlier, President Donald Trump, to address what he called a national emergency, ordered a stretch of borderland transferred to the military so that troops could help apprehend unauthorized migrants. Because prosecutors believed Flores-Penaloza had crossed through that zone, now called a national defense area, they charged him with trespassing on military property under statutes including one enacted in 1909 to keep spies away from arsenals. The added misdemeanors were unlikely to lengthen his sentence; they typically result in time served and deportation. But Flores-Penaloza maintained his innocence in the face of the allegation that could cast him as a national security threat. So he awaited tr...
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This DHS Official Oversees the Security of Federal Elections. He Wants to Ban Voting Machines.

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In his top post at the Department of Homeland Security, David Harvilicz sets policy on protecting the nation’s elections infrastructure, including voting machines. He’s also the co-founder of a company with James Penrose, who helped hatch debunked conspiracy theories blaming hacked voting machines for Donald Trump’s loss in the 2020 presidential election. Penrose assisted in a push to seize voting machines to overturn Trump’s defeat. On social media , Harvilicz has called for doing away with voting machines , saying they are “eminently vulnerable to exploitation.” In a March post , he wrote that “DHS needs to ban voting machines for all federal elections. The time is now.” He also has repeatedly questioned the validity of Democratic electoral victories and pushed for Republicans to overhaul electoral systems to their advantage . David Harvilicz in 2015 Sam Comen/The New York Times/Redux Election experts as well as current and former DHS officials say Harvilicz’s central role ...
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They Didn’t Want to Have C-Sections. A Judge Would Decide How They Gave Birth.

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On the afternoon of Sept. 9, 2024, Cherise Doyley was in her 12th hour of contractions at University of Florida Health in downtown Jacksonville when a nurse came in with a bedsheet and told her to cover up. A supervisor brought a tablet to Doyley’s bedside. Gathered on the screen were a judge in a black robe and several lawyers, doctors and hospital staff. “It’s a real judge in there?” Doyley asked the nurse at the beginning of what would be a three-hour hearing. “Now this is the craziest thing I’ve ever seen.” Doyley hadn’t asked for the hearing. The hospital had sought it. Doyley had mere minutes to prepare. She had no lawyer and no advocate — no one to explain to her what, exactly, was going on. Judge Michael Kalil informed her that the state had filed an emergency petition at the hospital’s behest — not out of concern for Doyley, per se, but in the interest of her unborn child. He described the circumstances as “extraordinary.” The hospital and state attorney’s office wanted to...
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