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NZ PM Releases Results of Kim Dotcom Review

Last week, the Prime Minister of New Zealand apologized to Megaupload co-founder Kim Dotcom for the illegal interceptions of Dotcom's communications before the raid on his mansion and arrest, conducted at the behest of the U.S. which was seeking his extradition to face criminal charges.

Today the Prime Minister released the results of the review of the GCSB's illegal interceptions.

The Prime Minister's press release is here. It doesn't say much, other than to give the PM a clean bill of health for not having been briefed on Dotcom prior to the raid. He acknowledges there may have been a quick reference to Dotcom at a meeting after the arrests in February, 2012, but insists nothing was said about his residency.
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DC Sniper Lee Boyd Malvo: 10 Years Later

It has been 10 years since John Muhammed and then juvenile Lee Boyd Malvo went on a multi-state shooting spree that killed 10 people. Muhammed was executed in 2009, and Lee Boyd Malvo, now 26, is serving life.

The Washington Post recently interviewed Malvo in prison. (Audio here.)

His killer stare seems to have softened. He speaks with animation and poise, and with an adult perspective on what he did. He claims to understand the enormity of his actions....

“I was a monster,” Malvo said. “If you look up the definition, that’s what a monster is. I was a ghoul. I was a thief. I stole people’s lives. I did someone else’s bidding just because they said so. . . . There is no rhyme or reason or sense.”

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Filmmaker Nakoula B. Nakoula Arrested for Supervised Release Violation

Update: Another "real name" for Nakoula Bassely Nakoula. According to KPPC, he told the judge today his real name is Mark Basseley Youseff. The charges are still under seal.

Youseff, who revealed that he also goes by the aliases Nakoula Basseley Nakoula and Sam Bacile, was accused of 8 allegations of probation violation. No date has been set for his next hearing.

Update: Nakoula was ordered detained pending the final determination of supervised release revocation proceedings.

The judge cited a "lengthy pattern of deception," including making false statements to probation officials. "The court has a lack of trust in the defendant at this time," Judge Suzanne H. Segal said, adding that he posed "some danger to the community."

Calfornia film maker Nakoula Basseley Nakoulah was arrested today on a petition to revoke his supervised release. He has an appearance this afternoon in U.S. District Court in Los Angeles.

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NZ Prime Minister Apologizes to Kim Dotcom

The Prime Minister of New Zealand has issued an apology to Kim Dotcom. (Video here.)

In a media conference after the release of the report into unlawful monitoring of Mr Dotcom and an acquaintance, Mr Key said he was "appalled" at the agency, saying it had "failed at the most basic of hurdles." "Of course I apologise to Mr Dotcom, and I apologise to New Zealanders."

He said New Zealanders were entitled to be protected by the law "and we failed to provide that protection to them."

The report referred to is that of Paul Neazor, the Inspector General of Intelligence and Security for New Zealand, responding to the Prime Minister's request for an explanation of the illegal interception of Kim Dotcom's communications. The report is here. [More...]

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Probation is No Walk in the Park: Another Example

Singer Chris Brown is on 5 years of supervised probation for his felony plea to assault stemming from a 2009 incident in which he hit his then-girlfriend Rhianna. His probation was transferred under the Interstate Compact Act to Virginia where he lives. Virginia filed a petition to revoke his probation, recommending that the judge then reimpose probation with added terms.

Yesterday, a hearing was held. While there are multiple media headlines that he violated probation because he used marijuana, that is misleading.

The terms of his California probation did not require drug testing or prohibit him from using marijuana. Brown has a medicinal marijuana license in California. He smoked marijuana in California and then traveled to Virginia. [More...]

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Prosecutors Reject Charges in FL Shooting Citing Stand Your Ground

The States Attorney's office in Pinellas County, FL today announced an off-duty security guard who followed someone he believed was driving erratically which led to a confrontation and the guard fatally shooting the man he followed will not face charges because the shooting was justified under the state's stand your ground law.

The shooting occurred a week after Trayvon Martin was shot in a different county. The case generated a lot of local attention with calls for an arrest but no national attention. Race was not an issue, as both the shooter and victim were white. The victim's family says this was not a case of Stand Your Ground. [More...]

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NZ Prime Minister Orders Inquiry Into Illegal Interceptions of Kim Dotcom

New Zealand's national security agency illegally intercepted communications of Kim Dotcom when providing assistance to the U.S. with its request for his arrest and extradition to the U.S. A formal inquiry was announced today. Via Press Release From the Prime Minister of New Zealand:

Prime Minister John Key today announced he has requested an inquiry by the Inspector-General of Intelligence and Security into the circumstances of unlawful interception of communications of certain individuals by the Government Communications Security Bureau.

Mr Key says the Crown has filed a memorandum in the High Court in the Megaupload case advising the Court and affected parties that the GCSB had acted unlawfully while assisting the Police to locate certain individuals subject to arrest warrants issued in the case. The Bureau had acquired communications in some instances without statutory authority.

The Security Bureau informed the Prime Minister of the illegal interceptions on Sept. 17. The Prime Minister wouldn't say what effect it will have on the extradition request, but it sounds like he expects the High Court to consider it:[More...]

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New Discovery in George Zimmerman Case

The state released some of its 6th and 7th round of discovery in the George Zimmerman case to the media today. The material was released about a month ago to the defense. Not everything released to the defense is included.

Of interest to those following the timeline of events the night of the shooting is the release of the event reports with times of the 911 calls. The primary one is here.

The conclusions in the DNA reports of the gun, holster, trigger and slide are pretty much a retread of previously released reports. Contrary to what some news outlets are reporting, they don't hurt Zimmerman's case since Zimmerman never said Trayvon Martin grabbed or even touched his holster or gun. He said he sensed or felt Trayvon reaching towards his gun after it became exposed while they were struggling on the ground, and that he grabbed Trayvon's hand to prevent him from getting to his gun. Obviously, Martin's DNA would not be on the holster or gun if Zimmerman stopped his hand from reaching them. [More...]

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Time for A Gag Order in George Zimmerman Case?

Is a motion by George Zimmerman's lawyers for a gag order on trial witnesses on the horizon?

George Zimmerman's friends, Mark and Sondra Osterman, thought they would help George out by writing a book about his good qualities. The book is scheduled to be released shortly, and the Ostermans are going to be on Dr. Phil the week of September 10 discussing it.

Mark Osterman has been listed as a potential state witness. He accompanied Shellie Zimmerman to the police station the night of the shooting of Trayvon Martin to pick George up when the police were done questioning him. He also drove George to the site of the shooting the next day where police filmed George doing a video re-enactment of his encounter with Trayvon. Osterman, a federal air marshal who used to be a Seminole County deputy sheriff, is featured in the promos for the Dr. Phil appearance as Zimmerman's best friend. [More...]

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Another Win for Kim Dotcom: NZ Court Approves $5 Million for Lawyers

Kim Dotcom scores again in the New Zealand High Court. The Court has agreed to allow him to pay his lawyers $5 million using a bond that was seized during the illegal raid of his Mansion. He also got money for living expenses:

The money comes from a $10m government bond which was seized by the government on behalf of the United States as part of its internet piracy case against Dotcom and those involved in his Megaupload filesharing company. The United States position is that all the money and assets of Dotcom were gained through criminal copyright violation by internet piracy.

The ruling from Justice Judith Potter has also allowed Dotcom to sell some of the cars which were seized during the January raid.

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Florida Appeals Court Removes Judge Lester From George Zimmerman Case

Here is today's opinion by the 5th District Court of Appeals in Florida granting George Zimmerman's Writ of Prohibition and removing Judge Kenneth Lester from the case.

"A motion is legally sufficient if it alleges facts that would create in a reasonably prudent person a wellfounded fear of not receiving a fair and impartial trial."

Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test,1 and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency. Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.

This is good news for George Zimmerman. And, in my view, the right decision. But who will be the new judge? Do they call retired judges in to serve in Florida?

Bmaz at Empty Wheel has more.

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George Zimmerman: State Files Response on Recusal of Judge

The state has filed its response (available here) in the 5th District Court of Appeals to George Zimmerman's request for a Writ of Prohibition seeking to have Judge Lester removed from the case.

Shorter version: The judge gave Zimmerman a well-deserved tongue lashing, but his fear he won't get a fair trial from the judge is not objectively reasonable, and thus his motion to recuse was not legally sufficient and Lester was right to deny it.

None of the comments by the trial court rise to the level of being legally sufficient to establish an objectively reasonable fear by Petitioner that he will not receive a fair trial by the judge. Instead, the judge was simply giving Petitioner a well deserved tongue lashing for allowing others to mislead the court about his passport and his financial situation.

The test is whether a reasonable person in George Zimmerman's position would fear not getting a fair trial from this judge. [More...]

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