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Family to Discuss $5.9 Million Settlement in Chokehold Death

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In this July 8, 2015 file photo, Gwen Carr, mother of Eric Garner, right, joins women whose families members were killed by police officers after New York Gov. Andrew Cuomo signed an executive order that puts the office of the state attorney general in charge of investigating killings by police. New York City reached a settlement Monday, July 13 with the family of Garner for about $5.9 million, almost a year after the 43-year-old died in police custody. (AP Photo/Seth Wenig, File)

In this July 8, 2015 file photo, Gwen Carr, mother of Eric Garner, right, joins women whose families members were killed by police officers after New York Gov. Andrew Cuomo signed an executive order that puts the office of the state attorney general in charge of investigating killings by police. New York City reached a settlement Monday, July 13 with the family of Garner for about $5.9 million, almost a year after the 43-year-old died in police custody. (AP Photo/Seth Wenig, File)

COLLEEN LONG, Associated Press
DEEPTI HAJELA, Associated Press

NEW YORK (AP) — The family of a black man who died after being placed in a white police officer’s chokehold is holding a news conference Tuesday to discuss the $5.9 million settlement it reached with the city days before the anniversary of his death.

The news conference will be held by attorneys for Eric Garner’s family and the Rev. Al Sharpton, who is calling on New Yorkers to attend a rally Saturday in honor of Garner and other victims of police misconduct.

The settlement was announced Monday. Garner’s family in October filed a notice of claim, the first step in filing a lawsuit against the city, asking for $75 million.

Garner, who was 43, was stopped last July 17 outside a Staten Island convenience store because police officers believed he was selling loose, untaxed cigarettes. A video shot by an onlooker shows Garner telling the officers to leave him alone and refusing to be handcuffed.

Officer Daniel Pantaleo placed his arm around Garner’s neck to take him down. Garner, who had asthma, is heard gasping “I can’t breathe!” 11 times before losing consciousness. He was pronounced dead later at a hospital.

The city medical examiner found the police chokehold contributed to Garner’s death. But a grand jury declined to indict the officer in the death. A federal probe is ongoing.

Chokeholds are banned by New York Police Department policy. Pantaleo says he used a legal takedown maneuver known as a seatbelt, not a chokehold.

Garner’s death sparked demonstrations and became a flashpoint in a national debate about relations between police and minority communities.

While the city has a legal department that fields lawsuits, the comptroller’s office also can settle claims. Comptroller Scott Stringer has made a point of doing that in civil rights cases, saying that resolving them quickly saves the city money on legal fees.

“Following a judicious review of the claim and facts of this case, my office was able to reach a settlement with the estate of Eric Garner that is in the best interests of all parties,” Stringer said.

The city did not admit any liability.

Mayor Bill de Blasio said that hopefully Garner’s family “can find some peace and finality” from the settlement. He was scheduled to speak Tuesday at a church memorial service in Garner’s honor.

Longtime civil rights attorney Jonathan Moore, the family’s lawyer, said there also was a settlement with the Richmond University Medical Center, which responded to the scene. That settlement is confidential, and there was no one available at the hospital to comment.

Sharpton said the settlement to the family was deserved but didn’t resolve the larger questions around policing and minorities.

“We did not march and build a movement just to get money,” he said.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

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New Filing: Trump’s Attempts to Overturn 2020 Election Were Part of Private Scheme, Not Official Acts

NNPA NEWSWIRE — The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

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Jack Smith during a statement regarding the indictment of Donald J. Trump. (Wikimedia Commons)
Jack Smith during a statement regarding the indictment of Donald J. Trump. (Wikimedia Commons)

By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Special Counsel Jack Smith has delivered a powerful legal blow to former President Donald Trump, unveiling new evidence that the twice-impeached Trump’s efforts to overturn the 2020 election results were part of a private scheme rather than actions taken in his official capacity as president.

In a 165-page legal brief unsealed Wednesday, Smith provided new details about Trump’s behind-the-scenes maneuvers to subvert the election, including pressure campaigns targeting key officials, attempts to create false electors, and private discussions with his vice president, Mike Pence.

The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Smith’s brief is part of a broader strategy to prove that Trump can face trial for his actions, even after a Supreme Court ruling granted him immunity for official acts as president. The special counsel argues that Trump’s efforts to enlist Pence in blocking Congress’s certification of the election results were part of a private, illegal campaign to retain power, not part of his official duties.

“At its core, the defendant’s scheme was a private criminal effort,” Smith wrote in the filing. “In his capacity as a candidate, he used deceit to target every stage of the electoral process.”

The document provides new evidence of Trump’s attempts to sway election officials in critical swing states to alter the results in his favor. The brief quotes a lawyer advising Trump, who gave an “honest assessment” that his claims of widespread fraud would not withstand scrutiny in court. Yet, Trump dismissed the warning. “The details don’t matter,” Trump said, according to the filing.

Further, the brief recounts private conversations between Trump and Pence, in which Pence urged Trump to accept defeat and consider another run in 2024. Trump, however, expressed reluctance, saying, “2024 is so far off.”

Smith’s filing depicts Trump’s actions as part of a desperate and illegal campaign to remain in power after losing the 2020 election. The brief also points to Trump’s reliance on Giuliani and other private allies in his election subversion attempts, asserting that none of these efforts fell under the scope of presidential duties.

“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct,” the filing reads. “Not so. Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one.”

A sealed appendix to the legal brief contains FBI interviews, search warrant affidavits, and grand jury testimony that might soon become public. Smith’s filing builds on the indictment released last year, expanding the evidence and reinforcing the argument that Trump’s conduct was criminal and not shielded by presidential immunity.

Smith concluded the brief with an explicit request to the court: “The government respectfully submits that the defendant’s conduct described in this motion is not subject to presidential immunity and that he should face trial for his private acts of subversion.”

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Business

Special Interview: Rep. Barbara Lee Discusses Kamala Harris’ Plan for Black Men

On Oct. 16, California Black Media (CBM) spoke with Harris-Walz campaign surrogate, Congresswoman Barbara Lee (D-CA-12), who shared more insights on Harris’ agenda and the importance of securing the Black Male vote. “She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.” The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour.

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(File Photo) U.S. Congresswoman Barbara Lee (D-13-Oakland) chides Justices on the Supreme Court of the United States for voting to strike down Affirmative Action. She is shown here speaking in front of the California Reparations Task Force in Oakland on May 6, 2023. CBM photo by Antonio Ray Harvey. By Edward Henderson, California Black Media
(File Photo) U.S. Congresswoman Barbara Lee (D-13-Oakland) chides Justices on the Supreme Court of the United States for voting to strike down Affirmative Action. She is shown here speaking in front of the California Reparations Task Force in Oakland on May 6, 2023. CBM photo by Antonio Ray Harvey. By Edward Henderson, California Black Media

By Edward Henderson, California Black Media

Last week, the Kamala Harris campaign released its Opportunity Agenda for Black Men.

On Oct. 16, California Black Media (CBM) spoke with Harris-Walz campaign surrogate, Congresswoman Barbara Lee (D-CA-12), who shared more insights on Harris’ agenda and the importance of securing the Black Male vote.

“She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.”

The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour:

 

  1. Provide 1 million loans that are fully forgivable to Black entrepreneurs and others disadvantaged groups to start businesses.
  2. Champion education, training, and mentorship programs that help Black men get good-paying jobs in high-demand industries It will also develop more accessible pathways for Black men to become teachers.
  3. Support a regulatory framework for cryptocurrency and other digital assets so Black men who invest in and own these assets are protected.
  4. Launch a National Health Equity Initiative focused on Black men that addresses sickle cell disease, diabetes, mental health, prostate cancer, and other health challenges that disproportionately impact them.
  5. Legalize recreational marijuana and creating opportunities for Black Americans to succeed in this new industry.

“[Vice President Harris] knows that Black men have long felt that too often their voice in our political process has gone unheard and that there is so much untapped ambition and leadership within the Black male community,” the language in the agenda states. “Black men and boys deserve a president who will provide the opportunity to unleash this talent and potential by removing historic barriers to wealth creation, education, employment, earnings, health, and improving the criminal justice system.”

Diving into Harris’ agenda, Lee says, reminded her of her own record of supporting Black men over the years as an elected official. In the 90’s, she established the first California Commission on African American Males through which she pressured the state to address urgent economic, health and social challenges specific to Black men.

“No group of people are a monolithic group of people,” said Lee She’ s not taking any vote for granted. I’ve known her over three decades and I believe she is being herself. She’ s authentic,” Lee added.

Each of the 5 key points addressed in the Harris Campaign’s agenda, Lee says, has additional clauses that can potentially help Black men and their families thrive. This includes lowering rent; up to $25,000 in downpayment help for first time homebuyers; and cutting taxes for Black men in lower-wage jobs by increasing the Earned Income Tax Credit maximum to $1,500.

“I think the messages is one of empowerment for Black men — regardless of whether they’ re a blue-collar worker, if they’ re not working, if they’ re in business, if they’ re an entrepreneur, whatever background or whatever they’re doing or experiencing life. I think the authenticity of their experience can only be articulated through them,” said Lee.

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