Three white men to face Georgia judge in death of black jogger

By Rich McKay

ATLANTA (Reuters) – Three white men charged with the murder of an unarmed black man in Georgia will face a judge Thursday morning in a case that caused a national outcry after cellphone video of the shooting was leaked on social media.

Protests are expected outside the courthouse after more than a week of demonstrations across the United States over the death of George Floyd, a black American who was pinned down to the ground by a white police officer in Minneapolis.

In the case in Georgia, the three men were not charged until more than two months after Ahmaud Arbery, 25, was shot dead while running on Feb. 23.

State police stepped in to investigate after the video was widely seen and Glynn County police took no action, and the Georgia Bureau of Investigation (GBI) pressed charges.

A former police officer is accused of involvement in Arbery’s death in the coastal community of Brunswick, and state officials have called in the National Guard to assist with the crowds expected outside the courthouse.

Glynn County Magistrate Judge Wallace Harrell who will review whether or not the GBI had probable cause to bring the charges.

Former police officer Gregory McMichael, 64, and his son Travis McMichael, 34, are charged with murder and aggravated assault.

William “Roddie” Bryan, a neighbor of the McMichaels who took the cellphone video, was charged with felony murder and attempt to illegally detain and confine.

Police say Gregory McMichael saw Arbery running in his neighborhood just outside Brunswick and believed he looked like a burglary suspect. The elder McMichael called his son and the two armed themselves and gave chase in a pickup truck, police said.

Bryan’s video footage appears to show the McMichaels confronting Arbery before Arbery was shot with a shotgun.

The U.S. Department of Justice is also investigating the case as a possible federal hate crime. The GBI is investigating the police department and two local district attorneys offices over the handling of the case.

If convicted, the three men face life in prison or the death penalty.

(Reporting by Rich McKay; Editing by Timothy Heritage)

Explainer: Can Trump send the U.S. military to quell violence at protests?

By Jan Wolfe

(Reuters) – U.S. President Donald Trump on Monday suggested he would use federal troops to end unrest that has erupted following the death of George Floyd, an unarmed black man killed in police custody last week.

“If a city or state refuses to take the actions that are necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them,” Trump said during brief remarks at the White House.

The demonstrations have been largely peaceful, but police in some cities have used force against journalists and protesters, and protesters have clashed with police. Many U.S. cities have set curfews.

To deploy the armed forces, Trump would need to formally invoke a group of statutes known as the Insurrection Act.

WHAT IS THE INSURRECTION ACT?

Under the U.S. Constitution, governors generally have the authority to maintain order within state borders. This principle is reflected in a law called the Posse Comitatus Act, which generally prohibits the federal military from participating in domestic law enforcement.

The Insurrection Act, which dates to the early 1800s, is an as exception to principles later codified in the Posse Comitatus Act.

The Insurrection Act permits the president to send in U.S. forces to suppress a domestic insurrection that has hindered the normal enforcement of U.S. law.

CAN TRUMP SEND IN TROOPS WITHOUT A GOVERNOR’S APPROVAL?

Yes. The law lays out a scenario in which the president is required to have approval from a state’s governor or legislature, and also instances where such approval is not necessary, said Robert Chesney, a professor of national security law at the University of Texas.

Historically, in instances where the Insurrection Act was invoked, presidents and governors have usually agreed on the need for troops, said Thaddeus Hoffmeister, a law professor at the University of Dayton.

In 2005, former President George W. Bush decided not to invoke the Insurrection Act to send active-duty troops to Louisiana in the aftermath of Hurricane Katrina in part because the state’s then-governor opposed the move.

HAS IT BEEN INVOKED BEFORE?

Yes. The Insurrection Act has been invoked on dozens of occasions through U.S. history. Since the civil rights movement of the 1960s, however, its use has become “exceedingly rare,” according to a report by the Congressional Research Service.

The Insurrection Act was last used in 1992, when the acquittal of four Los Angeles police officers in the beating of black motorist Rodney King led to deadly riots.

CAN A COURT STRIKE DOWN TRUMP’S APPLICATION OF THE LAW?

Hoffmeister said he did not think invoking the Insurrection Act was warranted because governors can handle the current unrest through their criminal justice systems.

“The Insurrection Act should only be used in dire situations and I don’t think the circumstances right now call for it,” Hoffmeister said.

But Chesney said a successful legal challenge to Trump’s use of the law was “very unlikely.” Courts have historically been very reluctant to second-guess a president’s military declarations, he said.

“The law, for all practical purposes, leaves this to the president with very little judicial review with any teeth,” Chesney said. “That may be a terrible state of affairs, but that’s what it is.”

(Reporting by Jan Wolfe; Edited by Noeleen Walder, Gerry Doyle and Steve Orlofsky)

Rising tensions at protests over killing of black man in California

Salena Manni (L), fiancee of Stephon Clark, holds their son Cairo and an unidentified man holds son Aiden (2nd R) while Basim Elkarra speaks and Rev Shane Harris listens at a rally in Sacramento, California, U.S., March 31, 2018. REUTERS/Bob Strong

By Bob Strong

SACRAMENTO, Calif. (Reuters) – Tensions mounted over the fatal police shooting of an unarmed Sacramento, California, black man when a protester sustained minor injuries when struck by a sheriff’s patrol car that was under attack by demonstrators, authorities said on Sunday.

About 150 people demonstrated in Sacramento on Saturday night to protest the March 18 shooting death of Stephon Clark, 22, who was gunned down in his grandmother’s yard.

The death of Clark, a father of two, was the latest in a string of killings of black men by police that have triggered street protests and fueled a renewed national debate about bias in the U.S. criminal justice system.

Protesters on Saturday night surrounded two marked Sacramento County Sheriff’s Department patrol cars and “began yelling while pounding and kicking the vehicles’ exterior,” the Sheriff’s Department said in a statement early Sunday.

“A collision occurred involving the sheriff’s patrol vehicle and a protester who was walking in the roadway,” the statement said. “The patrol car was traveling at slow speeds.”

The protester was identified by local media as Wanda Cleveland, 61, who regularly attends Sacramento City Council meetings.

The protester was transported by the Sacramento Metro Fire Department to a hospital, where she was treated for minor injuries, the Sheriff’s Department said.

“Vandals in the crowd” damaged the patrol car, which “sustained scratches, dents, and a shattered rear window,” the Sheriff’s Department said.

Demonstrators interviewed by local radio and television stations, who prompted a flurry of similar Twitter responses, said the sheriff’s car failed to stop and called the incident a hit-and-run accident.

The incident is under investigation by the Sheriff’s Department and the California Highway Patrol.

Saturday’s demonstration brought together a multi-racial crowd, many in it holding signs such as “Stop Police Rage” and “Power to the People.” It was led by retired National Basketball Association player Matt Barnes, who grew up in the area and had two stints with the Sacramento Kings franchise.

Clark was shot by police responding to a report that someone was breaking windows. Police said the officers feared he had a gun but that he was later found to have been holding a cellphone.

Police have said he was moving toward officers in a menacing way. The shooting was captured on a body cam video released by police.

In several days of sporadic protests, protesters have blocked traffic and twice delayed fans from reaching games played by the Kings at the Golden 1 Center.

(Additional reporting by Barbara Goldberg in New York: editing by Steve Orlofsky)