Awdesa: January 2023

Tuesday, January 31, 2023

Five names for Supreme Court pending, Collegium recommends two more - The Indian Express

The Supreme Court Collegium, headed by Chief Justice of India D Y Chandrachud, Tuesday recommended Justice Rajesh Bindal and Justice Aravind Kumar — they are Chief Justices of the High Courts of Allahabad and Gujarat, respectively — for appointment as Judges of the Supreme Court.

The Collegium’s fresh recommendation comes even as the five previous recommendations for appointment as Supreme Court Judges are pending. On December 13 last year, the Collegium had recommended five names and the appointments are yet to be made.

The Collegium, also comprising Justices S K Kaul, K M Joseph, M R Shah, Ajay Rastogi and Sanjiv Khanna, gave detailed reasons for clearing the two new names.

It said “the resolution of the Collegium in regard to the appointment of Mr Justice Rajesh Bindal… Allahabad is unanimous. However, in regard to the appointment of Mr Justice Aravind Kumar, Chief Justice of the High Court of Gujarat, Justice K M Joseph has expressed his reservations on the ground that his name can be considered at a later stage”.

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The resolution adopted by the Collegium said the court which has a sanctioned strength of 34 Judges is presently functioning with 27 Judges and “thus, there are seven clear vacancies”.

It pointed out that “on 13 December 2022, the Collegium recommended five names for appointment as Judges of the Supreme Court, namely (i) Mr Justice Pankaj Mithal, (ii) Mr Justice Sanjay Karol, (iii) Mr Justice P V Sanjay Kumar, (iv) Mr Justice Ahsanuddin Amanullah, and (v) Mr Justice Manoj Misra. Their appointment is yet to be notified by the Government”.

The Collegium said it had resolved to recommend two more names for appointment as Judges of the Supreme Court against the two remaining vacancies.

It said that while evaluating the names, the “judgments authored by those falling in the zone of consideration for elevation… were circulated among the members of the Collegium for a meaningful discussion on and assessment of their judicial acumen”.

The statement said that “after carefully evaluating the merit, integrity and competence of eligible Chief Justices and senior puisne Judges of the High Courts and also accommodating a plurality of considerations, the Collegium” found Justices Bindal and Kumar “to be more deserving and suitable in all respects for being appointed as Judges of the Supreme Court of India”.

The resolution said that “while recommending the above names the Collegium has taken into consideration the following aspects: a. The seniority of Chief Justices and senior puisne Judges in their respective parent High Courts as well as overall seniority of the High Court Judges; b. The merit, performance and integrity of the judges under consideration; and c. The need to ensure diversity and inclusion in the Supreme Court by: (i) representation of High Courts which are not represented or are inadequately represented, in the Supreme Court; (ii) appointing persons from marginalized and backward segments of society; (iii) gender diversity; and (iv) representation of minorities”.

It said “the names recommended earlier by the Collegium by its resolution dated 13 December 2022 shall have precedence over the two names recommended presently for appointment to the Supreme Court” and “therefore, the appointments of five judges recommended on 13 December 2022 should be notified separately and earlier in point of time before the two judges recommended by this resolution”.

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Five names for Supreme Court pending, Collegium recommends two more - The Indian Express
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Monday, January 30, 2023

Zumbrota woman charged with hitting building while drunk driving is released pending court date - Rochester Post Bulletin

RED WING — A 30-year-old Zumbrota woman is accused of hitting two parked cars and a building while driving under the influence with her 20-month-old child in the vehicle, according to new charges filed in Goodhue County District Court.

Ashley Rayann Bates is facing a gross misdemeanor charge of endangering a child, two gross misdemeanor charges driving while impaired and damage to an unattended vehicle without notifying the victim or police, a misdemeanor.

She appeared before District Kevin Mark Friday, Jan. 27, 2023, where she was released on her own recognizance provided she abstain from alcohol and drugs and agreed to an alcohol monitoring device. Her next court appearance is scheduled for Feb. 23, 2023.

According to the criminal complaint:

An officer with the Zumbrota Police Department were dispatched to the corner of Main Street South and Fifth Street East Jan. 26, 2023, around 9:44 p.m. where they found a Ford Explorer leaning towards the passenger side in the middle of the street.

Bates, the driver of the vehicle, stepped out of the vehicle while it was still running and explained to the officer in slurred speech that she was just picking her son up from daycare.

Witnesses told law enforcement that Bates' vehicle had struck two parked cars and a building on Main Street South.

Her 20-month-old son was in the vehicle.

Bates denied the crashes and told an officer that she had consumed two alcoholic drinks.

She failed multiple field sobriety tests and a preliminary breath test showed her with a .178 blood alcohol level.

Bates was arrested for driving while impaired and transported to the Goodhue Adult Detention Center. A more accurate breath test returned a .17 blood alcohol level for her around 10:35 p.m.

The complaint does not list any injuries.

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Zumbrota woman charged with hitting building while drunk driving is released pending court date - Rochester Post Bulletin
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Friday, January 27, 2023

Pending Home Sales Increased 2.5% in December, Ending Six-Month Slide - NAR.realtor

WASHINGTON (January 27, 2023) – Pending home sales increased in December for the first time since May 2022 — following six consecutive months of declines — according to the National Association of Realtors®. The Northeast and Midwest recorded month-over-month reductions, while the South and West posted monthly gains. All four U.S. regions saw year-over-year decreases in transactions, with the West experiencing the largest decline at 37.5%.

The Pending Home Sales Index (PHSI)* — a forward-looking indicator of home sales based on contract signings — improved 2.5% to 76.9 in December. Year-over-year, pending transactions dropped by 33.8%. An index of 100 is equal to the level of contract activity in 2001.

“This recent low point in home sales activity is likely over,” said NAR Chief Economist Lawrence Yun. “Mortgage rates are the dominant factor driving home sales, and recent declines in rates are clearly helping to stabilize the market.”

Pending Home Sales Regional Breakdown

The Northeast PHSI dropped 6.5% from last month to 64.7, a decrease of 32.5% from December 2021. The Midwest index shrank 0.3% to 77.6 in December, a decline of 30.1% from one year ago.

The South PHSI rose 6.1% to 94.1 in December, dropping 34.5% from the prior year. The West index advanced 6.4% in December to 58.6, decreasing 37.5% from December 2021.

“The new normal for mortgage rates will likely be in the 5.5% to 6.5% range,” Yun added. “Job gains will steadily become important in driving local home-sales markets. The South, in particular, is set to outperform the rest of the country, thanks primarily to better job market conditions in this part of the country compared to other regions.”

The National Association of Realtors® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term Realtor® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of Realtors® and subscribes to its strict Code of Ethics.

# # #

*The Pending Home Sales Index is a leading indicator for the housing sector, based on pending sales of existing homes. A sale is listed as pending when the contract has been signed but the transaction has not closed, though the sale usually is finalized within one or two months of signing.

Pending contracts are good early indicators of upcoming sales closings. However, the amount of time between pending contracts and completed sales is not identical for all home sales. Variations in the length of the process from pending contract to closed sale can be caused by issues such as buyer difficulties with obtaining mortgage financing, home inspection problems, or appraisal issues.

The index is based on a sample that covers about 40% of multiple listing service data each month. In developing the model for the index, it was demonstrated that the level of monthly sales-contract activity parallels the level of closed existing-home sales in the following two months.

An index of 100 is equal to the average level of contract activity during 2001, which was the first year to be examined. By coincidence, the volume of existing-home sales in 2001 fell within the range of 5.0 to 5.5 million, which is considered normal for the current U.S. population.

NOTE: Existing-Home Sales for January will be reported on February 21. The next Pending Home Sales Index will be on February 27. All release times are 10 a.m. Eastern. View the NAR Statistical News Release Schedule.

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Pending Home Sales Increased 2.5% in December, Ending Six-Month Slide - NAR.realtor
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U.S. pending home sales post first gain in seven months in December - Yahoo Finance

WASHINGTON (Reuters) - Contracts to buy U.S. previously owned homes increased for the first time in seven months in December as mortgage rates declined, another hopeful sign that the embattled housing market was starting to stabilize.

The National Association of Realtors (NAR) said on Friday its Pending Home Sales Index, based on signed contracts, rose 2.5% to 76.9 last month. That was the first increase in pending home sales since May. Economists polled by Reuters had forecast contracts, which become sales after a month or two, would fall 0.9%. Pending home sales decreased 33.8% in December on a year-on-year basis.

"This recent low point in home sales activity is likely over," Lawrence Yun, the NAR's chief economist, said in a statement.

Contracts increased in the South and West, but fell in the Northeast and Midwest. That could see existing home sales rebounding or posting a modest decline after logging their 11th straight monthly decrease in December.

The Federal Reserve's fastest cycle of interest rate hikes since the 1980s has driven housing into recession. Falling mortgage rates have, however, raised hopes that the housing market could soon stabilize, though at depressed levels.

The rate on a 30-year fixed mortgage ticked down to an average 6.13% this week, the lowest level since mid-September, according to data from mortgage finance agency Freddie Mac.

The rate was down from 6.15% in the prior week and has dropped from an average of 7.08% early in the fourth quarter, which was the highest since 2002. But it remains well above the average 3.55% seen during the same period last year.

Government data this week showed new home sales increasing for a third straight month in December.

(Reporting by Lucia Mutikani; Editing by Paul Simao)

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U.S. pending home sales post first gain in seven months in December - Yahoo Finance
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Thursday, January 26, 2023

Lawrence police chief placed on paid administrative leave pending an investigation - Boston News, Weather, Sports | WHDH 7News

LAWRENCE, MASS. (WHDH) - Lawrence Police Chief Roy Vasque has been placed on paid administrative leave by Mayor Brian DePena pending the results of an investigation involving the police department.

DePena’s office said a deputy chief will temporarily serve as chief.

It is unclear what prompted this investigation.

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Lawrence police chief placed on paid administrative leave pending an investigation - Boston News, Weather, Sports | WHDH 7News
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Wednesday, January 25, 2023

East Islip attorney who represented Laundries added to pending civil lawsuit filed by Gabby Petito's parents - News 12 Bronx

Jan 26, 2023, 1:27amUpdated 5h ago

By: News 12 Staff

The East Islip attorney who represented Brian Laundrie's parents has been added as a defendant in a pending civil lawsuit.

A Florida judge granted the request of Gabby Petito's parents to add Steven Bertolino to the suit.

It alleges that Bertolino was aware that Laundrie had killed the Blue Point native but issued public statements that gave the impression that Petito was still alive.

Petito's body was found in Wyoming in September 2021.

Laundrie's remains were found in Florida along with a confession note that he killed Petito.

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East Islip attorney who represented Laundries added to pending civil lawsuit filed by Gabby Petito's parents - News 12 Bronx
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Tuesday, January 24, 2023

Fairview Southdale Hospital bans visitors for patient, investigation pending - FOX 9 Minneapolis-St. Paul

Fairview Southdale Hospital bans visitors for patient, investigation pending

Michael Puff, 71, has been at Fairview Hospital for 8 months with complex medical needs. On January 10, his family received a letter from M Health Fairview, informing them they would no longer be allowed to visit him unless they were taking him from the hospital.

EDINA, Minn. (FOX 9) - On the second floor of Fairview Southdale Hospital, just above the emergency room, is where you will find 71-year-old Michael Puff.

He’s been at Fairview Hospital for eight months, after suffering two strokes. Before that he spent 10 months at Methodist Hospital. He is a patient with complex medical needs and is unable to feed and bathe himself.

On January 10, his family received a three-sentence letter from M Health Fairview, informing them Michael had been discharged five days earlier, on January 5, and they would no longer be allowed to visit him unless they were taking him from the hospital.

"Security will be notified to assist with removing any visitors who are here for any reason other than assisting Michael out of the premises," the letter said. It was signed by the nursing director, Joe Knowles.

"I visit him every day and will spend five to six hours being his care assistant in the evening and weekends and try to help him," said the brother, Dr. Art Puff, who is an emergency room-trained physician with another health group.

Dr. Puff said he doesn’t know the hospital’s motivation, but the family wonders if the visitor ban is intended to force them to take Michael home, even though he requires 24-7 nursing care that they can’t provide and haven’t been able to find.

"When my brother calls me, he begs me, I’ll do anything you want, just come see me," said Dr. Art Puff.

A Right to Visitors

Dave Feinwachs, former general counsel for the Minnesota Hospital Association for 30 years, said health care facilities are not allowed to ban visitors "except in some very limited circumstances."

Hospitals can trespass visitors who are truly disruptive, violent, or threatening people, he said. Health care facilities can also restrict visitors because of infectious diseases, like COVID.

"What they can’t do is ban visitors who are overly concerned or critical of the care their loved ones are receiving," said Feinwachs.

Feinwachs said he had never heard of a visitor ban applying to a patient, instead of trespassing individual visitors.

Minnesota’s Patients’ Bill of Rights provides for a right to visits and to be free from isolation except in an emergency.

A 1981 Minnesota Supreme Court case, State v. Hoyt, upheld a skilled nursing patient’s right to have visitors, even if they are frequent, a non-family member, and are critical of the care the patient is receiving.

In 2010, President Obama signed an executive order that said patients who receive Medicare and Medicaid have a right to receive visitors.

On-Site Federal Investigation

Michael Puff’s family filed a complaint with the Minnesota Department of Health (MDH) last week, which referred the case to the Centers for Medicare and Medicaid Services (CMS).

In a letter, MDH said the situation described by the Puff family meets CMS guidelines for an on-site federal investigation.

The Puff family signed a waiver allowing M Health Fairview to talk about Michael Puff’s case.

An Fairview Health Services spokesperson, Aimee Jordan, said Monday the hospital has been providing care for Michael Puff for 225 days without any reimbursement.

In a phone conversation Friday, Jordan and Fairview Health Services Vice President of Communications, Joe Campbell, said the Puff family has a history of disruptive behavior at the hospital, allegations the family denies.

Jordan said the family took Michael outside the hospital without a jacket, gave him medication without approval, brought cooking appliances into his room, and made hostile and racist comments to hospital staff.

The PR executives were unaware of the pending CMS on-site investigation and that, as FOX 9’s Tom Lyden told them, "You can ban a visitor who is disruptive, you cannot ban patients from having visitors."

Campbell replied, "This is not a conversation I was prepared to have."

Within an hour of FOX 9’s phone call with M Health Fairview, the Puff family received a second letter from M Health Fairview.

"Mr. Puff is welcome to receive visitors who do not demonstrate disruptive, aggressive, or disrespectful behavior," their letter now said.

The letter then goes on specifically ban two family members, Michael’s brother Art, and his sister.

The letter said they interfered with his care and medication, were verbally abusive to staff and made racially motivated remarks.

"My sister and are like sacrificial lambs, they had to do something they had to save face," said Dr. Art Puff.

Dr. Puff said he once gave his brother a breath mint, which the hospital insisted was pain medication. He also admits he brought a toaster to his brother’s hospital room to make waffles, and he took his brother outside for a breath of fresh air.

He said the family has never received any documentation of these incidents.

"They are picking on the two people who are the most vocal advocates," said Dr. Puff. "We are vocal but respectful."

Feinwachs, the former legal counsel for the hospital association, is also skeptical of the hospital’s reasoning.

"If this was true, why would the hospital want a high needs, developmentally disabled stroke patient, discharged to the care of these people the hospital says are awful," said Feinwachs.

"That doesn’t add up either," he said.

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Fairview Southdale Hospital bans visitors for patient, investigation pending - FOX 9 Minneapolis-St. Paul
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Here are the Buffalo Bills pending free agents; plenty of decisions to be made - Buffalo News

As is the case with every team, roster turnover is part of the business of the NFL.

The Buffalo Bills enter the offseason with 21 unrestricted free agents and three restricted or exclusive rights free agents, and general manager Brandon Beane and the organization will be faced with some tough decisions in who to try to retain and at what price.

Here is the list of players, with much debate to ensue as the offseason begins:

Unrestricted free agents

LB Tremaine Edmunds

QB Case Keenum

S Jordan Poyer

OL Rodger Saffold

DT Jordan Phillips

DE Shaq Lawson

LB Tyler Matakevich

WR Jamison Crowder

OL David Quessenberry

RB Taiwan Jones

P Sam Martin

OL Greg Van Roten

OL Ike Boettger

WR Jake Kumerow

S Dean Marlowe

OL Bobby Hart

LB A.J. Klein

OL Justin Murray

RB Devin Singletary

S Jaquan Johnson

TE Tommy Sweeney

Buffalo Bills running back Devin Singletary talks with reporters about the need to get "over the hump" as the Buffalo Bills clean out their lockers after the 27-10 loss to the Cincinnati Bengals in an AFC divisional playoff game.

Harry Scull Jr.

Restricted or exclusive rights free agents

LB Tyrel Dodson

CB Dane Jackson

CB/S Cam Lewis

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Here are the Buffalo Bills pending free agents; plenty of decisions to be made - Buffalo News
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Here are the Buffalo Bills pending free agents; plenty of decisions to be made - Buffalo News

As is the case with every team, roster turnover is part of the business of the NFL.

Here is the list of players, with much debate to ensue as the offseason begins:

Unrestricted free agents

LB Tremaine Edmunds

QB Case Keenum

S Jordan Poyer

OL Rodger Saffold

DT Jordan Phillips

DE Shaq Lawson

LB Tyler Matakevich

WR Jamison Crowder

OL David Quessenberry

RB Taiwan Jones

P Sam Martin

OL Greg Van Roten

OL Ike Boettger

WR Jake Kumerow

S Dean Marlowe

OL Bobby Hart

LB A.J. Klein

OL Justin Murray

RB Devin Singletary

S Jaquan Johnson

TE Tommy Sweeney

Harry Scull Jr.

Restricted or exclusive rights free agents

LB Tyrel Dodson

CB Dane Jackson

CB/S Cam Lewis

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Here are the Buffalo Bills pending free agents; plenty of decisions to be made - Buffalo News
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Monday, January 23, 2023

Former New Mexico state house candidate ordered jailed pending trial - Yahoo! Voices

New Mexico judge David Murphy has ordered former Republican state house candidate Solomon Pena held in pretrial detention in Pena's conspiracy case, saying there were no conditions of release that would ensure public safety.

Pena is accused of leading a conspiracy of five people to fire bullets into the homes of two state legislators and two Bernalillo County, New Mexico, commissioners. Pena, who lost his race for the state house overwhelmingly in November, has made a series of baseless election fraud claims and had pressured the county commissioners not to certify the election results.

Pena previously served seven years in prison for prior burglary-related crimes. He is now accused of organizing a scheme to fire the bullets at the homes of the Democratic election officials in December and January.

During arguments to hold Pena in custody, New Mexico prosecutor Natalie Lyon said, "All the defendant needs to be dangerous is access to a phone. With a phone he can convince other individuals to engage in very violent and dangerous acts."

Solomon Pena is seen in a booking photo after his arrest in Albuquerque, New Mexico, January 17, 2023. / Credit: Metropolitan Detention Center via REUTERS

In arguing against his release, Lyon said he allegedly took part in one of the shootings and was unhappy the impact was so high up on the wall and so late in the night." She said he also allegedly tried to target the officials when they were "up walking around, to injure them."

Albuquerque police believe that Pena, who faces 15 criminal charges, including multiple felonies, masterminded a conspiracy with four accomplices to spray the homes and offices of at least four Albuquerque-area Democrats with bullets. Police said Pena met one of his alleged co-conspirators during the seven-year prison term that Pena served for running a burglary ring.

One of the alleged accomplices was arrested in Pena's vehicle after officers pulled the car over, police said. Inside, officers also found guns, cash and hundreds of fentanyl pills.

Pena was arrested last week by an Albuquerque police SWAT team.

"At this point, the charges against Mr. Pena are merely accusations that have not yet been tested by the full rigor of the judicial process. Mr. Pena is presumed innocent of the charges against him," said Roberta Yurcic, Pena's attorney, in a statement provided to CBS News last week. "Mr. Pena and I look forward to a full and fair investigation of these claims. I plan to fully defend Mr. Pena and fiercely safeguard his rights throughout this process."

Four more Oath Keepers convicted of seditious conspiracy in Jan. 6 case

Khanna says centrist Democrat could challenge Biden in 2024

Monterey Park community reels after mass shooting

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Former New Mexico state house candidate ordered jailed pending trial - Yahoo! Voices
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Every NFL team's highest-graded pending free agent entering the 2023 offseason | NFL News, Rankings and Statistics - Pro Football Focus

Foxborough, Massachusetts, USA; Baltimore Ravens quarterback Lamar Jackson (8) runs with the ball in front of New England Patriots linebacker Ja'Whaun Bentley (8) during the second half at Gillette Stadium. Mandatory Credit: Brian Fluharty-USA TODAY Sports

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63 lakh cases pending in lower courts due to 'lack of counsel', says National Judicial Data Grid | India News - Times of India

NEW DELHI: Of the over four crore cases pending in lower courts in the country, about 63 lakh cases remain undecided because of non-availability of counsel, according to the National Judicial Data Grid (NJDG), as of January 20. At least 78% of such cases are criminal and the rest civil.
While Uttar Pradesh has the most cases pending due to this reason, an analysis of a few randomly selected states shows thousands of such cases in the pendency list. Delhi, Gujarat, Karnataka, Maharashtra, Tamil Nadu, UP, and Bihar together account for 77.7% (or more than 49 lakh) of the 63 lakh such cases.
Advocate KV Dhananjay said a variety of reasons could be attributed to this: Death of lawyers, unaffordability of advocates when cases drag on, delay in fixing of lawyers by prosecution, and inefficiency of free legal services.

Anisha Gopi, team lead of Nyaaya, an initiative helping citizens understand legal rights, said: “Delay is one of the major barriers and this happens for a variety of reasons like a large volume of cases, not enough judges and adjournments for various reasons (one of them being lawyers not being available).”
Gopi said, “Lawyers are often overburdened. The way the registry in our courts functions, case listings come up at the last minute and lawyers are then often forced to miss either of the hearings. Another reason is that an average case in India takes four years to be completed. When litigation continues for longer than anticipated, the aggrieved person may run out of resources to continue paying hefty legal fees.”
Separate data from the Union law ministry shows that between 2017-18 and 2021-22, over one crore people have benefited from pro-bono legal services offered through the legal services authorities, in sharp contrast to the performance in the previous decades.
The five states that saw the maximum increase in 2021-22 were MP, UP, Jharkhand, Bihar and Assam. Together, these states accounted for 94% (58.6 lakh) of the 62.2 lakh beneficiaries in 2021-22, while they account for 70.4% or 73.1 lakh of the 1.03 crore beneficiaries in the past five years. However, experts argue that the exponential increase the data shows was hard to accept and called for a more detailed study.

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63 lakh cases pending in lower courts due to 'lack of counsel', says National Judicial Data Grid | India News - Times of India
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Sunday, January 22, 2023

Police find driver of car in downtown Auburn crash; charges pending - The Citizen

David Wilcox

A downtown Auburn crash around midnight Sunday stemmed from an incident minutes earlier at a nearby bar, and police have located the driver involved.

Auburn Police Department Deputy Chief Roger Anthony said the driver of a BMW sped away from an incident at Swaby's Tavern on South Street, raced down Genesee Street and crashed into parked cars after losing control around the curve heading up East Genesee Street. Anthony said a police officer witnessed the crash.

The male driver fled from the crash scene on foot but officers found him in the area soon after the crash, Anthony said. The man was taken to the hospital for evaluation, and charges against him are pending. Police will release his name when the crash investigation is complete.

The BMW was empty in the middle of the street as additional Auburn police and fire personnel arrived at the scene. The car hit a truck, a Chevy Silverado, that was flipped onto the sidewalk, as well as a Subaru Legacy that was also damaged.

East Genesee Street between Seminary Avenue and Route 38A was closed while the scene was investigated and cleaned up.

Anthony said one person was arrested for his role in the incident at Swaby's. Michael E. Stanton, 25, of 48 Jefferson St., Auburn, faces charges of disorderly conduct, a violation, and resisting arrest, a class A misdemeanor.

The scene minutes after an automobile crash on East Genesee Street around midnight Sunday.

David Wilcox, The Citizen

Lake Life Editor David Wilcox can be reached at (315) 282-2245 or david.wilcox@lee.net. Follow him on Twitter @drwilcox.

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Police find driver of car in downtown Auburn crash; charges pending - The Citizen
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Gov. Hobbs, Attorney General Mayes pause death penalty in Arizona pending review process - The Arizona Republic

Saturday, January 21, 2023

DOJ signals to Jim Jordan that it won’t share information about pending investigations - The Hill

Greg Nash
The Department of Justice logo is seen at their headquarters in Washington, D.C., on Thursday, August 5, 2021 prior to a press conference regarding a civil rights matter.

The Justice Department (DOJ) signaled in a letter to House Judiciary Chairman Jim Jordan (R-Ohio) that it will not share information about ongoing investigations as the GOP vows to probe actions from the Biden administration.

“Consistent with longstanding policy and practice, any oversight requests must be weighed against the Department’s interests in protecting the integrity of its work,” Assistant Attorney General Carlos Uriarte said in the letter, obtained by Politico on Friday. “Longstanding Department policy prevents us from confirming or denying the existence of pending investigations in response to congressional requests or providing non-public information about our investigations.”

He said the DOJ has an obligation to “protect the government’s ability to prosecute fully and fairly,” which is essential to the executive branch’s function to investigate criminal matters. He said the department must protect witnesses and law enforcement and prevent those implicated in investigations from fleeing and additional crimes from occurring.

“The Department’s mission to independently and impartially uphold the rule of law requires us to maintain the integrity of our investigations, prosecutions, and civil actions, and to avoid even a perception that our efforts are influenced by anything but the law and the facts,” he said.

The letter came in response to letters from Jordan on Tuesday to the DOJ, FBI and other agencies mentioning the GOP’s requests for information from the last Congress.

Uriarte outlined the department’s practices regarding oversight requests and invitations for DOJ personnel to testify at hearings. He said the department is “committed to cooperating with the Committee’s legitimate efforts to seek information, consistent with our obligation to protect Executive Branch confidentiality interests” and will work collaboratively with the House Judiciary Committee to identify the proper official to respond to “legitimate, informational needs” when interviews with DOJ officials are requested.

Uriarte said the legislative and executive branches are constitutionally required to act in good faith to meet Congress’s needs for information while protecting the executive branch’s institutional interests, and the DOJ looks forward to starting the process.

Following the DOJ letter, the House Judiciary GOP tweeted, “Why’s DOJ scared to cooperate with our investigations?”

House Republicans have promised to launch a variety of investigations into the Biden administration after winning control over the lower chamber in the midterm elections.

Jordan announced last week an investigation into the DOJ’s handling of the investigation into the documents found at President Biden’s office and home, and other investigations are likely.

Tags DOJ GOP investigations House Judiciary Committee Jim Jordan Justice Department

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DOJ signals to Jim Jordan that it won’t share information about pending investigations - The Hill
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Friday, January 20, 2023

Cause of death pending further investigation after missing Montco mom found dead - 69News WFMZ-TV

ROYERSFORD, Pa. - Authorities have not yet released further details after a missing Montgomery County woman was found dead just miles from her home.

Jennifer Brown's body was found partially buried near a warehouse in Royersford on Wednesday.

A bystander spotted her body on the property and alerted police, said the county coroner's office.

The coroner said Thursday the 43-year-old's cause of death is pending further investigation and forensic testing.

The discovery Wednesday prompted a huge police response in the 200 block of North Fifth Avenue, not far from Brown's Limerick Township home.

Authorities have not said if they have anyone connected to the case.

Brown was last seen by a friend and business associate the afternoon of Jan. 3, authorities said, hours after dropping off her son at the bus stop that morning.

Her keys, wallet, work phone and purse were found inside her locked home, and her unlocked car was parked out front, but her personal cell phone was missing.

Authorities have been tight-lipped about any possible leads in the case.

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Cause of death pending further investigation after missing Montco mom found dead - 69News WFMZ-TV
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Charges pending after 71 animals seized in animal neglect, cruelty case - Morganton News Herald

From staff reports

Burke County animal enforcement officers say some animals seized Wednesday were found to be staying alive by eating mud and dirt.

Animal enforcement served search warrants on a person and seized 71 animals from two locations in Morganton on Wednesday, according to a release from Burke County.

The action took place following a necropsy report on a miniature horse that listed the cause of death as starvation, the release said.

Burke County Animal Services and Animal Enforcement Supervisor Will Brown, with assistance from Burke County Sheriff’s Deputy and Code Enforcement Officer James Marler and Animal Enforcement staff, seized 32 miniature horses from 2010 US 70, Morganton, and 39 chickens from 1945 Eastbrook Circle, Morganton, according to the release. Charges are currently pending in the case following results from diagnostic testing being performed, the release said.

The county says the two properties have been monitored and investigated by Animal Enforcement officers for approximately a year and a half. While the care appeared to be lacking, Animal Services and Animal Enforcement tried to work with the owner to improve the care of the animals, it said.

However, within the past four months, care continued to decline, according to the release.

Skeletons of animals were found at both locations. On the two properties searched, several more deceased animals were found, along with skeletons from previous deaths, according to the county release.

The release said a veterinarian from Foothills Large Animal Hospital in Nebo assessed all the animals that were seized. During their assessments, the horses’ weights were approximated and they received a body condition score (BCS). Body condition scoring is a management tool designed to assess body reserves or fat accumulation of an animal. It is a method for critically examining the nutritional status of a herd. Body condition scores are placed on a numeric scale of 1-9, according to the release.

The release said in a herd situation, it is reasonable to expect 10% of horses to have a body condition score of 4, 10% to have a body condition score of 7+, and the remainder of the herd will fall in between. The county explained there will always be a hierarchy of dominant animals to push submissive animals away from feed. In managing a herd, animals who are underconditioned should be separated to decrease competition and supplement feeding to return them to normal health.

The body condition scores for the seized horses were 4 and under. Eleven horses were scored at 4, 12 horses were scored at 3, seven horses were scored at 2, and two horses were scored at 1. It was also noted that all the horses and chickens had lice, the release said.

Diagnostic testing is being performed on the two horses with the lowest body condition scores and a gross examination of their feces showed they had been consuming mud/dirt and a sawdust-like material, the release said.

Excluding the lice, the chickens are generally healthy except for a few that need medical attention along with basic wellness care, the release said.

Over the years, Burke County Code Enforcement received numerous complaints about the chickens, which are not allowed in the R-1 zoning district of Morganton and the department had an open case file on the matter, the release said.

“These animals are safe and on the road to recovery”, said Burke County Animal Services Director Kaitlin Settlemyre, “And I am proud of what Animal Enforcement Supervisor Brown and his staff have accomplished.”

Scott Mulwee, chairman of the Burke County Board of Commissioners, said, “I am proud of the work that our Animal Services staff does every day for the safety and betterment of animals in Burke County. They continuously go above and beyond in their dedication and service to Burke County citizens and animals. Animal neglect or cruelty will not be tolerated in Burke County, and violators will be prosecuted to the fullest extent of the law. I want to thank everyone that worked collaboratively to make this rescue event possible, including the Town of Drexel, the Drexel Fairgrounds, the Drexel Fire Department, Foothills Large Animal Hospital, Deputy Marler and other local law enforcement personnel, Mark Delehant, Burke County General Services Director, the judicial community, the District Attorney’s office, and countless other individuals.”

Animal Services is asking if anyone has any information about the animals in this case to contact the department. The release said donations for the animals’ medical care and feed are being accepted by the Animal Services Foundation Inc., a nonprofit that supports the Burke County Animal Shelter. Citizens can donate securely via PayPal on the Foundation’s website: www.burkecountyanimalservicesfoundation.com, or by a check payable to ASFI, mailed to P.O. Box 52, Morganton, NC 28680 or dropped off at the Burke County Animal Shelter, 425 Kirksey Drive in Morganton, Tuesdays through Saturdays.

Burke County Animal Services & Animal Enforcement is a county-operated and tax-funded animal shelter located in Morganton.

More information about Animal Services can be found at https://www.burkenc.org/2444/Animal-Services.

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Charges pending after 71 animals seized in animal neglect, cruelty case - Morganton News Herald
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Thursday, January 19, 2023