Earlier this week, the Times reported that the federal prosecution of former FBI director James Comey for making false statements to and obstruction of Congress may be in jeopardy after a magistrate judge found potential prosecutorial misconduct. In a rare move, the magistrate judge ordered the Department of Justice to turn over all materials relating to the grand jury proceedings in the case, finding that disclosure was necessary for the defense to explore the extent of alleged irregularities in that process. The magistrate judge further found that the prosecutor, Lindsey Halligan, made one or more serious misrepresentations of law to the grand jury during the government’s presentation of evidence. Additionally, the record appeared not to reflect the grand jury’s consideration of an amended indictment. The court also raised the possibility that the sole federal agent who testified before the grand jury may have disclosed information protected by attorney-client privilege. The magistrate judge’s order is available here. The district court judge presiding over the case stayed the magistrate judge’s order for release of grand jury materials to give the government a chance to respond. However, at a hearing before the district court judge later in the week, the government acknowledged that the full grand jury had not been shown the final indictment before the foreperson signed it as a true bill. The district court judge is now considering whether to grant Comey’s motion to dismiss based on prosecutorial vindictiveness and other grounds. Read on for more criminal law news.
ICE Comes to NC. One of the biggest local stories of the week was the widespread presence of ICE and Border Patrol agents across North Carolina. According to this report, agents arrested more than 200 people in the Charlotte area. As noted in this article, the immigration enforcement efforts have spread beyond Charlotte into the Triangle region. A public information officer with the City of Raleigh indicated that the federal enforcement efforts in the area may be concluding but acknowledged that there was so far no official information on that point.
Keep It on the Field. WRAL reports that nearly 20 percent of UNC Chapel Hill’s football team have received citations for speeding or related offenses over the last year. Members of the team incurred at least 31 charges for speeding and 10 for reckless driving since last October. One member of the squad accounted for five of the speeding charges and four of the reckless driving charges. For comparison, football players at North Carolina State University have received a total of 10 speeding charges and 2 reckless driving counts, while Duke University football players have only received a total of two speeding charges. The story notes that at least one out-of-state university has imposed policies whereby players found to have engaged in dangerous driving can lose their rights to Name, Image, Likeness (NIL) revenue. According to UNC’s head coach Bill Belichick, efforts to address the off-field misbehavior are underway.
Flying High. According to this report from the AP, the former Alaskan Airlines pilot who attempted to cut off the engines of a plane mid-flight will avoid additional jail time after pleading guilty to interfering with a flight crew in federal court. Jospeh Emerson had ingested psychedelic mushrooms two days before the incident and had not slept in more than 40 hours. He allegedly believed that he was dreaming and that cutting off the plane’s engines would wake him up. Emerson was off duty at the time but riding in a spare seat in the cockpit. The crew successfully restrained him, but the plane had to be diverted for an early landing because of his actions. Emerson previously pleaded guilty to 83 counts of endangering others and one count of endangering an aircraft in state court. Emerson credited the flight crew for helping to prevent a disaster and expressed gratitude that the incident led to him addressing his mental health and substance abuse issues.
Raleigh Christmas Parade Driver Sentenced. The man responsible for the death of 11-year-old Hailey Brooks during the 2022 Christmas parade in Raleigh was sentenced to prison time following his guilty pleas last week to felony obstruction of justice, misdemeanor death by motor vehicle, and misdemeanor possession of a dangerous weapon at a parade. A Wake County judge sentenced Landen Glass to 8-19 months imprisonment for the felony conviction, followed by consecutive sentences for the misdemeanors. The truck driven by at the time was forfeited to the victim’s family. Glass was 20 years old at the time of the incident. A civil lawsuit over the incident remains pending. WRAL has the story here.
Former Deputy Sentenced for Producing Child Pornography. Former Harnett County deputy Jonathan Edwards was sentenced to 23 years in federal prison this week for producing child sexual abuse material. Edwards connected with minors over a video-chat platform and persuaded them to perform sexual acts online. After his term of imprisonment, Edwards will serve a 15-year period of supervised release. Edwards worked for the Sheriff’s Department since 2013. A task force consisting of the State Bureau of Investigation, the Department of Homeland Security, and the Harnett County Sheriff’s Office coordinated to bring Edwards to justice.
Dog Shoots Man. Last week, a Pennsylvania man was cleaning his shotgun on his bed around 11 p.m. when one of his dogs jumped onto the bed, causing the gun to discharge. According to this report, the man was shot in the back and seriously injured. It was unclear whether the dog’s paw managed to squeeze the trigger of the firearm or whether the discharge was due to a malfunction. Commenting on the story, the local police captain reminded gun owners to always treat firearms as if they are loaded and to keep the weapons pointed away from others. The man required surgery but was expected to survive. Police are so far treating the case as an accidental shooting and have not charged the canine.
Vegemite Deprivation Lawsuit. An Australian prisoner serving a life sentence filed a lawsuit against government officials over the prison system’s ban on inmates possessing Vegemite. According to prison authorities, the “salty, sticky, brown byproduct of brewing beer” was banned in 2006 because of it was being used to conceal the odor of controlled substances being smuggled into prisons and for its potential to be used in making homemade alcohol.Australian law guarantees every person the right to enjoy their culture, and the inmate claims that the ban violates his human rights by preventing him from appreciating his Australian culture. According to some, the real crime against humanity is the continued existence of the “yeast-based spread.”
New Bulletin on Immigration Detainers and NC Law. My colleague Brittany Bromell published a new bulletin this week on immigration detainers and state law. In addition to reviewing the relevant state and federal laws, it provides answers to frequently asked questions in this area. If you are interested, the publication is available for free and can be downloaded here.
New Blog Design! Regular readers probably noticed that the blog looks a little different this week. As a part of an effort to standardize SOG blogs, our IT team has been hard at work revamping the platform. We hope the transition is smooth and that readers enjoy the new format, but if you run into any unexpected problems, please do not hesitate to let us know.
I hope everyone has a safe and relaxing weekend. I can always be reached at dixon@sog.unc.edu for any questions or feedback.
