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Friday, August 31, 2018

Documents: Kavanaugh saw 'some constitutional problems' in campaign contribution limits

Contribution limits -- currently set at $2,700 per individual per election -- were upheld in a 1976 Supreme Court case called Buckley v. Valeo, and they have remained intact even as the court has subsequently struck down an array of other state and federal campaign finance regulations.
Kavanaugh's comments will raise questions during his confirmation hearings from Democrats who support campaign finance regulation. The release of the documents will also likely trigger complaints from critics of Kavanaugh, who argue that they need more time and more access to the thousands of pages of his emails held at the Bush library.
"Judge Kavanaugh's views on campaign finance are already pretty well-known," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. "But these emails suggest that he'd go farther in striking down these regulations than the court has to date. It's hard to imagine this not becoming a point of some contention at next week's confirmation hearing."
The documents, released Friday night before a three-day weekend, depict an email exchange between Kavanaugh and Helgard Walker, who also worked in the Bush White House.
"I have heard very few people say that the limits on contributions to candidates are unconstitutional, although I for one tend to think those limits have some constitutional problems," Kavanaugh wrote in a March 6, 2002, email.
"If he were to take that position as a Supreme Court justice he would be voting to overturn long-established precedent," said Fred Wertheimer, who supports campaign finance limits and is president of a nonprofit group called Democracy 21.
"The rationale for candidate contribution limits is that they prevent corruption -- if Kavanaugh were to oppose contribution limits, he would be willing to open the door to massive corruption of our elected officials," he said.
The documents had already been released to the Senate Judiciary Committee on a "Committee Confidential" basis. But committee Chairman Chuck Grassley, an Iowa Republican, sent a letter to his colleagues last week telling them he would consider requests from members identifying confidential documents they wish to use during the hearings as long as the requests were "reasonable."
The documents in question were requested by Sen. Amy Klobuchar, a Minnesota Democrat, according to a release from the Judiciary Committee.

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New Mexico compound suspects in federal custody, accused of firearms charges

Jany Leveille, 35, is accused of being in the United States illegally and is alleged to have had firearms and ammunition, a statement from the US Attorney and FBI said.
Four other people -- Siraj Ibn Wahhaj, 40; Hujrah Wahhaj, 37; Subhannah Wahhaj, 35; and Lucas Morton, 40 -- have been charged with aiding and abetting Leveille, and with conspiring with her.
A criminal complaint says FBI agents seized at least 11 firearms -- pistols, revolvers, a shotgun and rifles -- and a large quantity of ammunition at the compound in Amalia. The document alleges the firearms were transported to New Mexico from another state in Leveille's vehicle.
What it's like to live off the grid in the New Mexico county where the compound family was found
The complaint said Leveille came to the United States from Haiti on a six-month, nonimmigrant visa in 1998. She received no more visas, the complaint says.
In May 2017 she applied for permanent residency. Her application was denied in June, the document says.
The FBI arrested the defendants without incident in Taos on Friday afternoon, the statement said. They will appear in court in Albuquerque on Tuesday.
Leveille could face a sentence of up to 10 years, if she is convicted on the firearms charge.
Thomas Clark and Kelly Golightley, attorneys who had been representing Siraj Wahhaj and Leveille, respectively, could not be reached for comment Friday.
Earlier this month, Clark argued that the defendants were being singled out because they were black Muslims. "If these were white people of a Christian faith who owned guns, that's not a big deal because there's a Second Amendment right to own firearms in this country," he said at a hearing on August 13.

State charges dropped, for now

Also Friday, the Taos County District Attorney announced the remaining state charges against Leveille and Siraj Wahhaj had been dropped so prosecutors can prepare a better case to present to a grand jury September 27.
"We plan to take the cases against all five defendants to grand jury," District Attorney Donald Gallegos said. "It is also possible, in reviewing the evidence still coming in, the charges could be altered, reduced or increased. Right now it is too early to tell."
New Mexico compound suspects allegedly planned to attack Atlanta's Grady Hospital
Earlier this week a judge dismissed child abuse counts against the defendants because the prosecution missed a 10-day window to formally charge them.
But Leveille and Siraj Wahhaj were also accused of one count each of intentional abuse of a child resulting in death and conspiracy to commit intentional abuse of a child resulting in death (child under 12).
They were arraigned Wednesday on those counts and the court entered not-guilty pleas on each defendant's behalf.

Other children were starving, authorities say

Police raided the ramshackle compound August 3, hoping to find 3-year-old Abdul-Ghani Wahhaj. His mother in Georgia said the boy had been missing for more than eight months. Days later searchers found his remains.
Authorities say they discovered the adults living in squalor with 11 starving children.

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