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| Happy Friday! Today we have a column about how former New York governor Andrew Cuomo will not be prosecuted for the conduct that led to his resignation. The column by former federal prosecutors who explain why prosecution wasn't possible. We also have a column on the Pope's comments on people not choosing to have children. |
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| By Barbara McQuade, Chuck Rosenberg and Joyce Vance |
| There are many appalling facts in the August New York attorney general's report regarding Cuomo's behavior toward numerous women, which preceded his resignation from office. Westchester County District Attorney Mimi Rocah's findings – that there was credible evidence to conclude the alleged conduct did occur – are consistent with those in the report. But a DA's authority is limited to prosecuting crimes that were committed in their county. Cuomo might have done reprehensible things to women in other places, such as Manhattan, but these prosecutors have no authority to prosecute him for conduct occurring outside of their jurisdictions. This is the law. |
| New York state has three criminal statutes that could apply here. The first makes "forcible touching" a crime. To convict someone of that crime, a prosecutor must prove that Cuomo "forcibly touche(d) the sexual or other intimate parts of another person for the purpose of degrading or abusing (them,) or for the purpose of gratifying (his own) sexual desire." State law also makes third-degree "sexual abuse" a crime; here, a prosecutor must prove that Cuomo "subject(ed) another person to sexual contact without (their) consent." The final statute, general assault, requires a physical injury. This is also the law. |
Today's Editorial Cartoon |
 | | Mike Thompson, USA TODAY | | USA TODAY | |
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| By Carli Pierson |
| Pope Francis doesn't have kids. But he thinks you're "selfish" if you don't. |
| On Wednesday during a general audience at the Vatican, the head of the Roman Catholic Church criticized people who chose fur babies over toddlers, arguing that a "denial of fatherhood or motherhood diminishes us." |
| As a person who has both dogs and kids, I fully endorse being a pet parent over a kid parent. Parenting kids is really hard and expensive, for one. But as someone who occasionally goes to mass, that isn't the only bone I have to pick with Pope Francis' statements. |
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| By James Bovard |
| The Supreme Court on Friday will hear challenges to President Joe Biden's vaccine mandates, including his order for more than 10 million health care workers to get COVID-19 vaccine injections. That mandate is being challenged by numerous state attorneys general. This case could be a bellwether on the fate of civil liberties during and after the COVID-19 pandemic. |
| The Biden administration has consistently portrayed vaccines as a pandemic panacea. In July, Biden promised, "You're not going to get COVID if you have these vaccinations." When he announced plans to impose the mandate in a Sept. 9 speech, Biden declared that "there's only one confirmed positive case per 5,000 fully vaccinated Americans per day. You're as safe as possible." |
Other columns to read today |
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Columns on qualified immunity |
| We are doing a series examining the issue of qualified immunity. For more on the series read here. |
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| This newsletter was compiled by Jaden Amos. |
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