Lawyers for 177 Waco bikers are muzzled, but the McLennan County, Texas district attorney keeps talking, writes Tamara Tabo at Above the Law.
Some of the 143 jailed bikers no doubt played a guilty role in a spectacular motorcycle club shootout that left nine dead at the Twin Peaks restaurant in Waco. Some say they were just in the wrong place at the wrong time, including a 30 year old volunteer firefighter who says he has no criminal record and tried to hide during the violence. In either event, no one important seems to care, although some defense-lawyer and civil-liberties types grouse about an “unprecedented…wholesale roundup of people” for “being at the scene of a crime” under a principle of “Let’s arrest them all and sort it out later.” Bail for many has been set at a prohibitive $1 million apiece, and no formal charges have been brought. “Under Texas law, a grand jury has 90 days to indict those in custody before they are entitled to reduced bonds.” Police say they consider the matter to be one of organized crime and that an investigation is ongoing. [Molly Hennessy-Fiske, L.A. Times] More: Scott Greenfield. Update: Texas Tribune (bail process crawls forward, more commentators raising questions about process).
- Waco biker prosecutions — a dragnet affair in which many bystanders were hit with charges, kept in jail on unaffordable bail, and lost their jobs — end after four years with all charges dropped; many deaths resulted from police fire [Brian Doherty, Reason; earlier and more]
- “Lawsuit: You did business with someone who did business with someone who committed a crime against me, so you’re also liable.” [Ted Frank describing suit against SalesForce alleging that its business management software assisted sexually oriented online business BackPage; Mike Masnick, TechDirt]
- “Our waterways policy is crony capitalism disguised as patriotism” [George Will, syndicated/Atlanta Journal Constitution] “The Jones Act Fleet: High Costs and Limited Capabilities” [Colin Grabow, Cato at Liberty] More on the maritime protectionism law, all from Grabow at Cato: Sen. Mike Lee introduces repeal bill; extending the law further? counting the costs for Puerto Rico; production of new ship no cause for celebration. And on East Coast freight traffic congestion [Dan Ikenson and Colin Grabow, New York Post]
- If you were born yesterday, you may be the target reader for a Gannett/USA Today and Arizona Republic piece attacking model state laws, the Goldwater Institute, and the American Legislative Exchange Council (ALEC) [critical threads by Julian Sanchez and Tim Sandefur]
- On attorneys’ fees, “The English Rule and the American Rule” [Federalist Society Policy Brief video with R. Hugh Lumpkin]
- Big Lawyers On Campus: “How Class-Action Lawyers Help Their Alma Maters” [James Copland, Bloomberg Opinion on cy pres practice; earlier here, here, etc.]
- Mark your calendar: December 1 Cato hosts a policing conference in Washington, D.C.;
- “Note: DOJ thinks flying from Chicago to Los Angeles is suspicious.” Well, no wonder they did a forfeiture then! [@bradheath]
- Mississippi voters on Tuesday returned longtime Attorney General Jim Hood to office by 56-44 margin [Radley Balko; Jackson Clarion-Ledger; earlier Balko on Hood’s spotted record as prosecutor]
- “No! Mine is more unconstitutional!” Police and council in Charlotte, N.C. mull “whether to create ‘public safety zones,’ city areas where people with past arrests would be prohibited from entering.”‘ [Charlotte Observer]
- Harvard lawprof Jeannie Suk on the St. Paul’s sexual assault case and the rapidly changing definition of rape [Jeannie Suk, New Yorker]
- Prison “pay to stay” charges can far exceed any reasonable ability to pay, and few outside the world of ex-offenders “even know it’s happening” [Scott Greenfield]
- “Was it a turf war gone mad? Or a botched police response?” [Nathaniel Penn, GQ, on the Waco biker gang shoot-out, earlier here, here, here]