Texas
Biden administration sues Texas governor over Rio Grande buoy barrier that’s meant to stop migrants
AUSTIN, Texas (AP) — The Justice Department on Monday sued Texas Gov. Greg Abbott over a newly installed floating barrier on the Rio Grande that is the Republican’s latest aggressive tactic to try to stop migrants from crossing into the U.S. from Mexico.
The lawsuit asks a federal judge in Austin to force Texas to remove a roughly 1,000-foot (305-meter) line of bright orange, wrecking ball-sized buoys that the Biden administration says raises humanitarian and environmental concerns. The suit claims that Texas unlawfully installed the barrier without permission between the border cities of Eagle Pass and Piedras Negras, Mexico.
The buoys are the latest escalation of Texas’ border security operation that also includes razor-wire fencing, arresting migrants on trespassing charges and sending busloads of asylum-seekers to Democratic-led cities in other states. Critics have long questioned the effectiveness of the two-year operation, known as Operation Lone Star. A state trooper’s account this month that some of the measures injured migrants has put the mission under intensifying new scrutiny.
In anticipation of the lawsuit, Abbott sent President Joe Biden a letter earlier Monday that defended Texas’ right to install the barrier. He accused Biden of putting migrants at risk by not doing more to deter them from making the journey to the U.S.
“Texas will see you in court, Mr. President,” Abbott wrote.
The Biden administration has said illegal border crossings have declined significantly since new immigration restrictions took effect in May. In June, the first full month since the new polices took effect, U.S. Customs and Border Protection said migrant encounters were down 30% from the month prior and were at the lowest levels since Biden’s first full month in office.
White House press secretary Karine Jean-Pierre told reporters that Abbott’s policies as a whole have made it difficult for U.S. Border Patrol agents to access Rio Grande.
“Those are unlawful actions that are not helpful and is undermining what the president has put forward and is trying to do,” she said.
In a letter last week, the Justice Department gave Texas until Monday to commit to removing the barrier or face a lawsuit. The letter said the buoy wall “poses a risk to navigation, as well as public safety, in the Rio Grande River, and it presents humanitarian concerns.”
The state deployed the buoys without notifying the International Boundary and Water Commission or the U.S. Army Corps of Engineers. Mexico’s secretary of state asked the federal government to intervene, saying the barrier violates international treaties.
The lawsuit is not the first time the Biden administration has sued Texas overs it actions on the border.
U.S. Attorney General Merrick Garland in 2021 accused the state of usurping and even interfering with the federal government’s responsibility to enforce immigration laws after Abbott empowered state troopers orders to stop vehicles carrying migrants on the basis that they could increase the spread of COVID-19.
Florida
Supreme Court reprimands judge for conduct during Parkland school shooting trial
FORT LAUDERDALE, Fla. (AP) — The Florida Supreme Court has publicly reprimanded the judge who oversaw the penalty trial of Parkland school shooter Nikolas Cruz for showing bias toward the prosecution.
The unanimous decision Monday followed a June recommendation from the Judicial Qualifications Commission. That panel had found that Circuit Judge Elizabeth Scherer violated several rules governing judicial conduct during last year’s trial in her actions toward Cruz’s public defenders. The six-month trial ended with Cruz receiving a receiving a life sentence for the 2018 murder of 14 students and three staff members at Marjory Stoneman Douglas High School after the jury could not unanimously agree that he deserved a death sentence.
The 15-member commission found that Scherer “unduly chastised” lead public defender Melisa McNeill and her team, wrongly accused one Cruz attorney of threatening her child, and improperly embraced members of the prosecution in the courtroom after the trial’s conclusion.
The commission, composed of judges, lawyers and citizens, acknowledged that “the worldwide publicity surrounding the case created stress and tension for all participants.”
Regardless, the commission said, judges are expected to “ensure due process, order and decorum, and act always with dignity and respect to promote the integrity and impartiality of the judiciary.”
A voicemail message was left at Scherer’s office Tuesday, and an email seeking comment was sent to the public defender’s office. Paula McMahon, spokesperson for the Broward State Attorney’s Office, said her office didn’t have comment.
Scherer retired from the bench at the end of last month. The 46-year-old former prosecutor was appointed to the bench in 2012, and the Cruz case was her first capital murder trial. Broward County’s computerized system randomly assigned her Cruz’s case shortly after the shooting.
Scherer’s handling of the case drew frequent praise from the parents and spouses of the victims, who said she treated them with professionalism and kindness. But her clashes with Cruz’s attorneys and others sometimes drew criticism from legal observers.
After sentencing Cruz, 24, to life without parole as required, Scherer left the bench and hugged members of the prosecution and the victims’ families. She told the commission she offered to also hug the defense team.
That action led the Supreme Court in April to remove her from overseeing post-conviction motions of another defendant, Randy Tundidor, who was sentenced to death for murder in the 2019 killing of his landlord. One of the prosecutors in that case had also been on the Cruz team, and during a hearing in the Tundidor case a few days after the Cruz sentencing, Scherer asked the prosecutor how he was holding up.
The court said Scherer’s actions gave at least the appearance that she could not be fair to Tundidor.
