The Daily Moth 12-10-2018

December 11, 2018

Trump Facing Impeachment, Indictments, or Jail Time?; U.K. Prime Minister Theresa May Delays Brexit Vote; Supreme Court Sides with Planned Parenthood on Medicaid Funding; New Jersey Nursing Home Fined for Hanging Up on Deaf Person’s VRS Calls; Deaf Immigrant Charged with Capital Murder Still in Legal Limbo in Virginia​

Hello, welcome to the Daily Moth! It is Monday, December 10. Hope your weekend was good. Ready for news?




Trump Facing Impeachment, Indictments, or Jail Time?


There is talk among Democrats about potential criminal charges or impeachment of President Donald Trump after federal prosecutors and Special Counsel Mueller linked Michael Cohen’s crimes with President Trump.


Cohen is facing four years in prison — he will be sentenced on Wednesday for illegal payments to two women during the presidential election and for tax evasion.


Rep. Jerry Nadler (D-NY) said if it was true that President Trump directed Cohen to make illegal payments, that was an impeachable offense.


Rep. Nadler said they still had to look at more things from ongoing investigations to determine if it is worth starting impeachment proceedings.


Senator Chris Murphy (D-Conn) said Mueller’s investigation has reached a new level, that Trump has surpassed the stage of former president Bill Clinton’s impeachment.


Sen. Murphy said Trump and the whole country should be worried.


Rep. Adam Schiff (D-Calif) gave a more severe warning, saying Trump could be jailed after he leaves the White House, that on the day he leaves as president, the Justice Department may indict him.


President Trump tweeted that the payment to the two women was a simple private transaction and that Cohen was trying to get his sentence reduced, that all of this was a witch hunt.


But former U.S. attorney Andrew McCarthy, in an opinion article for Fox News, said the payments was clearly related to the election and were illegally concealed.


McCarthy said it is a felony to cause someone else to make an illegal contribution, and if Cohen is guilty, then Trump is likely facing an indictment.




U.K. Prime Minister Theresa May Delays Brexit Vote


There a lot of political drama in the United Kingdom.


British Prime Minister Theresa May delayed a vote on a Brexit deal that was supposed to take place tomorrow. May said she predicted she would have lost badly. She felt that British lawmakers wouldn’t have accepted the deal.


May has been negotiating with the European Union on the terms of the split, divorce, exit for almost two years, but May seems to be unable to create something that satisfies both British lawmakers and the EU.


Financial institutions, big banks or government organizations in the U.K. have warned that if they leave the EU, the British economy would be damaged.


There are also disagreements on how the UK would handle the border between Northern Ireland, which is a part of the U.K., and the Republic of Ireland, which is an independent country and a EU member. This has caused strife.


The EU said the deal they have with May is the best and only deal possible, that they won’t renegotiate.


The European Court of Justice ruled that the U.K. can cancel the Brexit decision without getting the permission of 27 other EU states. But May said she won’t do this. She said she wants to follow the country’s 2016 vote to leave.


It is not clear what will happen next. Some options include the U.K. just leaving the EU without any deal in place, another referendum, or more negotiations.




Supreme Court Sides with Planned Parenthood on Medicaid Funding


The U.S. Supreme Court has decided not to take a case on if Planned Parenthood can sue states who have blocked them from receiving Medicaid funds, which are from the taxpayer and the government. If it is blocked, can they sue?  


The Supreme Court declined to hear this case. Their decision means people in most states can continue to use Medicaid money at Planned Parenthood for various women’s health services such as medical tests, ultrasounds, and counseling.


Planned Parenthood also provides abortion services, which makes it a political issue. If they provide abortions, should they should receive any kind of taxpayer money? Several states have moved to block funding, and Planned Parenthood sued.


One important fact: federal law prohibits people from using Medicaid money for abortion. So this case is not directly about abortions, but the political issue of abortions is present.


The states argued that they couldn’t be sued by Planned Parenthood if they moved to defund, but lower federal courts sided with Planned Parenthood in saying they could sue. So this went to the Supreme Court.


The newest justice, Brett Kavanaugh, did not vote to hear the case — he remained silent. Justice Clarence Thomas, who voted to take the case, said he suspects the court is refusing to do their job because of Planned Parenthood — suggesting that the court is trying to avoid a big controversy.


All of this started in 2014 when a group secretly recorded officials from Planned Parenthood discussing how they donated fetal tissue from abortions to medical researchers. They were accused of profiting from aborted fetuses, but several state investigations have found no wrongdoing. But this is what sparked several states to take steps to defund Planned Parenthood, and we have this big legal battle. The Supreme Court declined this, but this case could appear again in the future.




New Jersey Nursing Home Fined for Hanging Up on Deaf Person’s VRS Calls  


The New Jersey Attorney General Gurbir Grewal said a nursing home must pay a deaf woman $2,500 because they kept on hanging up on her when she tried to call using video relay service. So they were fined.


I read about this in The nursing home is Atrium Post Acute Care in Wayne and the deaf woman is Nicole Perkins, who is a caseworker at St. Joseph’s University Medical Center.


She was trying to call the nursing home to get medical records for a deaf client. She used Purple Communications’ VRS service, but the nursing home hung up five times in 10 minutes.


The AG Grewal said this case and the fine should send a message to health care facilities and other businesses around the state that they are serious about promoting and protecting rights of persons with disabilities.




Deaf Immigrant Charged with Capital Murder Still in Legal Limbo in Virginia


The Virginia Supreme Court ruled on Thursday that they do not have jurisdiction to hear the case of Oswaldo Elias Martinez, a deaf undocumented immigrant charged with rape and murder. He doesn’t appear have a language, neither spoken or signed.


I read about this in the Daily Press and


I did a story about Martinez last year. He was accused of raping and murdering a 16-year old girl in Virginia in 2005. There was DNA and other evidence that pointed to him.


He was charged with capital murder, but has not been on trial because he is considered unfit for court — because he does not understand what is going on and is unable to communicate.


There were various attempts to teach him ASL and to help him understand what a trial is, but Martinez either did not understand or was not interested to learn.


Martinez, now 47 years old, is incarcerated at Central State Hospital in Petersburg. He can be held indefinitely because of his capital murder charge, with a check every six months by a judge to see if he needed continued treatment to “restore competency,” to have him recover and face trial. The six-month checks has resulted in no change, and this has been going on for 13 years.


His lawyers could file a petition for a writ of habeas corpus, which would say that his detention is illegal.


The Virginia Supreme Court sent the case back to a lower circuit court, saying there needed to be a conviction there before they could look at it.


Judges and lawyers in the state of Virginia can’t seem to figure out what to do with his case. He is in “legal limbo.”


If he is ever released by Virginia authorities, he could be detained by the ICE.


Previous Moth report:




That is all for today. See you tomorrow and stay with the light!


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