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For Immediate Release
April, 19 2010, 05:03pm EDT
Contact:
Matthew Allee, (202) 580-6922 or mallee@constitutionproject.org
Constitution Project Expresses Disappointment in Supreme Court Refusal to Hear Case of Charles Dean Hood
Fair trial in doubt because of affair between prosecutor and judge, says former Texas Governor Mark White and former FBI Director Judge William S. Sessions
WASHINGTON
The Constitution Project is disappointed by the
Supreme Court's refusal today to hear the case of Charles Dean Hood, who
has long protested that his constitutional right to a fair trial was
violated because of an admitted affair between the prosecutor in his
case and the judge presiding over his trial. Mr. Hood was sentenced to
death in 1990 for a double murder.
Today's decision by the
Court, without explanation, in Charles Dean Hood v. State of Texas is
separate from a February order by the Texas Court of Criminal Appeals
that Mr. Hood is entitled to a new sentencing hearing. That order was
based on a legal issue unrelated to the relationship between Mr. Hood's
prosecutor and presiding judge.
The following statement can be
attributed to former Texas Governor and Texas Attorney General Mark
White, and Judge William S. Sessions, former federal judge in Texas and
former Director of the FBI:
"We are disappointed that the
Supreme Court today refused to hear Mr. Hood's case. It means that the
manifest unfairness that occurred in Mr. Hood's case will remain
unaddressed by any court, and the injustice will go unremedied. The
relationship between the judge and prosecutor in this case breached
every standard of fairness that we rightfully expect from our country's
criminal justice system, casting grave doubt on the impartiality of the
trial in this case and tarnishing the reputation of the judiciary and
our criminal justice system as a whole.
"For the Texas Court of
Criminal Appeals and now the United States Supreme Court to show
indifference to such paramount injustice, particularly in a case that
resulted in the imposition of the death penalty, should be an outrage to
all citizens."
In February, the Constitution Project organized
an amicus brief filed in the U.S. Supreme Court on Mr. Hood's
behalf, from 21 former judges, government officials, and prosecutors.
Governor White and Judge Sessions were signatories to the brief.
To
view a copy of the amicus brief, go to: https://www.constitutionproject.org/manage/file/378.pdf
In
September 2008, the Constitution Project organized a letter to Texas
Governor Rick Perry signed by former federal and state judges and
prosecutors from across the country, urging the governor to grant a
reprieve for Mr. Hood, who was then slated for execution within days.
To
view the letter sent to Governor Perry, go to: https://www.constitutionproject.org/manage/file/147.pdf
The Constitution Project is a politically independent think tank established in 1997 to promote and defend constitutional safeguards. More information about the Constitution Project is available at https://constitutionproject.org/.
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100+ People Dead in Texas—Just 2 Months After Former National Weather Service Chiefs Warned of 'Nightmare' Scenario
While the agency and outside meteorologists say the NWS provided timely and accurate forecasts, the fatal flooding is generating fresh alarm about cuts and open positions.
Jul 07, 2025
As the official death toll from catastrophic flooding in Texas ticked above 100 on Monday, concerns over vacancies as well as job and potential funding cuts at the National Weather Service continued to mount—even as the NWS and independent meteorologists insisted that the agency had "issued timely warnings in advance of the deadly floods."
The flooding came just over two months after all living former directors of the NWS published a letter sounding the alarm about President Donald Trump's proposed budget for fiscal year 2026 and its cuts to the National Oceanic and Atmospheric Administration (NOAA), the parent agency of the NWS in the U.S. Department of Commerce.
The five men—Louis Uccellini, Jack Hayes, Brig. Gen. D.L. Johnson, Brig. Gen. John J. Kelly Jr., and E.W. "Joe" Friday—wrote on May 2 that "even if the National Weather Service remains level funded, given the interconnectedness of all of the parts of NOAA, there will be impacts to weather forecasting as well. We cannot let this happen."
"These proposed cuts come just days after approximately 300 National Weather Service... employees left the public service to which they had devoted their lives and careers," the ex-directors pointed out. "That's on top of the approximately 250 NWS employees who were fired as a result of their probationary status in new—often higher-level positions—or took the initial buyout offered by the Trump administration in early February."
"That leaves the nation's official weather forecasting entity at a significant deficit—down more than 10% of its staffing—just as we head into the busiest time for severe storm predictions like tornadoes and hurricanes," they continued. "Our worst nightmare is that weather forecast offices will be so understaffed that there will be needless loss of life. We know that's a nightmare shared by those on the forecasting frontlines—and by the people who depend on their efforts."
Discussing recent job reductions with The Associated Press on Monday, Uccellini, whose tenure leading NWS included Trump's first term, warned that "this situation is getting to the point where something could break."
"The people are being tired out, working through the night and then being there during the day because the next shift is short-staffed," he said. "Anything like that could create a situation in which important elements of forecasts and warnings are missed."
For the flooding in Texas, the NWS Austin-San Antonio office had five meteorologists working, rather than two, as part of its "surge staffing" protocol.
However, Tom Fahy, the legislative director for the NWS Employees Organization, a union that represents government workers, also told NBC News that the agency's Austin-San Antonio office does not have a permanent science officer, who conducts training for and implements new technology, or a warning coordination meteorologist, who has contact with media.
That office "is operating with 11 staff meteorologists and is down six employees from its typical full staffing level of 26," NBC reported. The nearby San Angelo office "is short four staff members from its usual staffing level of 23. The meteorologist-in-charge position—the office's top leadership position—is not permanently filled. The office is also without a senior hydrologist."
Despite some open positions at the two offices, the NWS began warning of potential flooding as early as Thursday morning, and as conditions worsened overnight, the agency issued its first warning for "life-threatening flash flooding" for parts of Kerr County at 1:14 am Central Time Friday, according to CNN.
"But questions remain about how many people they reached, whether critical vacancies at the forecast offices could have affected warning dissemination, and if so-called warning fatigue had been growing among residents in a region described as one of the most dangerous in the country for flash flooding," the network noted.
As Fahy put it to Politico: "The crux of this disaster is a failure of the last mile of communication... The forecasts went out, they communicated the forecasts, they disseminated the watches and warnings. And the dilemma we have is there was nobody listening at 4 o'clock in the morning for these watches and warnings."
Wisconsin-based meteorologist Chris Vagasky similarly told NBC that "the forecasting was good. The warnings were good. It's always about getting people to receive the message... It appears that is one of the biggest contributors—that last mile."
As The New York Times reported:
In an interview, Rob Kelly, the Kerr County judge and its most senior elected official, said the county did not have a warning system because such systems are expensive, and local residents are resistant to new spending.
"Taxpayers won't pay for it," Mr. Kelly said. Asked if people might reconsider in light of the catastrophe, he said, "I don't know."
As of Monday evening, 104 people are confirmed dead, most of them in Kerr County, which includes Camp Mystic, a Christian all-girls summer camp that lost at least 27 campers and counselors. The AP reported that "search-and-rescue teams carried on with the search for the dead, using heavy equipment to untangle trees and wading into swollen rivers. Volunteers covered in mud sorted through chunks of debris, piece by piece, in an increasingly bleak task."
In a statement to multiple news outlets, the NWS provided a detailed timeline of its alerts. The agency also said that it "is heartbroken by the tragic loss of life in Kerr County" and "remains committed to our mission to serve the American public through our forecasts and decision support services."
U.S. Senate Minority Leader Chuck Schumer (D-N.Y.) on Monday sent a letter to Roderick Anderson, acting inspector general at the Department of Commerce, urging an investigation into "the scope, breadth, and ramifications of whether staffing shortages at key local National Weather Service... stations contributed to the catastrophic loss of life and property during the deadly flooding."
"The roles left unfilled are not marginal, they're critical," he emphasized. "These are the experts responsible for modeling storm impacts, monitoring rising water levels, issuing flood warnings, and coordinating directly with local emergency managers about when to warn the public and issue evacuation orders. To put it plainly: They help save lives."
White House Press Secretary Karoline Leavitt lashed out at him and reporters for such scrutiny on Monday, saying that "unfortunately, in the wake of this once-in-a-generation natural disaster, we have seen many falsehoods pushed by Democrats such as Sen. Chuck Schumer and some members of the media. Blaming President Trump for these floods is a depraved lie, and it serves no purpose during this time of national mourning."
In addition to the president's so-called Department of Government Efficiency—previously led by billionaire Elon Musk, the richest person on Earth—pushing layoffs and retirements, Trump's administration is working to boost fossil fuels that drive the global climate emergency.
As Common Dreams reported earlier Monday, a study published by ClimaMeter found that the floods in Texas were caused by "very exceptional meteorological conditions" that cannot be explained merely by natural variability.
Former Common Dreams staff writer Kenny Stancil is a senior researcher at the Revolving Door Project, which has documented "Trump's attacks on disaster preparedness and response."
"The deadly Texas floods will not be the last manifestation of extreme weather turbocharged by fossil fuel pollution," Stancil wrote in a Monday blog post. "In an era of escalating climate threats, we need a stronger public sector with more resources to mitigate risks, help people weather storms, and adapt to the future."
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Philadelphia's largest municipal workers' strike in over 40 years is entering its second week after negotiations with the city broke down this weekend.
Over 9,000 sanitation workers, 911 dispatchers, water services workers, crossing guards, and other city employees walked off the job last week, demanding that the city increase their salary enough to meet the rising cost of living.
But even with trash piling up on the streets and other city services understaffed, Mayor Cherelle Parker (D) would not agree to the demands made by AFSCME District Council 33, Philadelphia's largest blue-collar union.
Parker has offered a pay increase of 8.75% over the next three years, which she described as historic.
But DC 33 president Greg Boulware said that's far too little for municipal workers, many of whom are among the city's "working poor," to survive.
"It's not like as if our members are making $80,000, $90,000 a year," Boulware said. "A 2% increase on those would be significantly higher than it would be on somebody making $40,000-$45,000 a year. So, her math truly is not mathing, and you're clearly not paying attention to the working people that are going on in this city."
The average municipal worker in Philadelphia makes around $46,000, which is $15,000 less than the median income in the city and less than half of what a single adult needs to live comfortably, according to a study by SmartAsset.
"We got people that work and repair the water mains and can't afford their water bill," Boulware said at a rally last week. "We got people that repair the runways at the airport and can't afford a plane ticket. I don't want to be rich. We just want a comfort inside the city that we serve daily."
The union initially asked for an 8% raise for the next four years, which the city dismissed. This weekend, they pared their proposal down to 5%, but the city still did not budge.
Parker has insisted that her smaller proposed increases are merely what is "fiscally responsible," and that the city cannot afford to offer more.
The union has disputed this, pointing out that Parker herself is budgeted to receive a 9% increase to her salary of more than $240,000. That increase alone is nearly half the current salary that the average DC 33 member makes in a year.
As of Monday, negotiations have stalled, with no clear end in sight. With a throng of picketers behind him, Boulware told NBC 10, a local affiliate, that the union was working on a third proposal, and that negotiations may resume Tuesday. But he seemed to expect more obstinacy from the city.
"We've been there to be able to sit and meet and negotiate," he said. "It doesn't seem like the city quite honestly wants to entertain any of the questions that we have about things and actually have a true dialogue... That's how you negotiate and that's not truly what's been going on."
Despite the city's refusal to budge, momentum around the strike has continued to grow. On Friday, rapper LL Cool J dropped out of a 4th of July festival in the city, saying, "There is absolutely no way I can perform across a picket line."
Other AFSCME councils around Pennsylvania have joined pickets in solidarity. This includes Philadelphia's Council 47, which represents thousands of "white collar" city workers.
With mounds of trash accumulating on streets, sometimes becoming as "tall as people," the environmental activists with the Sunrise Movement have also joined in the effort to pressure the city. On Monday, activists hauled bags of trash into the lobby of City Hall, labeled with the words "Meet DC 33 Demands" written in yellow tape.
AFSCME, meanwhile, has stated its resolve to fight on as the strike has gained national attention.
"City workers are holding the line until they get a FAIR contract with the wages and benefits they deserve," the national union's account wrote on X Monday. "One day longer, one day stronger, no matter what it takes."
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Los Angeles residents lobbed profane insults at U.S. Customs and Border Protection agents on Monday after they swept through the city's MacArthur Park.
Los Angeles-based news station KTLA reports that masked, heavily-armed federal agents were in the park as "part of an apparent immigration raid" although exact details about the operation are not known as of this writing. A video taken on the scene by Mel Buer, an independent labor journalist in the California city and posted on social media website Bluesky showed many agents riding through the park on horseback.
Border patrol walking McArthur park here in LA
[image or embed]
— Mel Buer (@melbuer.bsky.social) July 7, 2025 at 1:49 PM
Los Angeles Mayor Karen Bass (D) reacted angrily after seeing reports of the agents—some of whom had visible Border Protection patches—in the park and she went to the area to tell them to cease their operations.
"Minutes before, there were more than 20 kids playing—then, the MILITARY comes through," Bass wrote in a post on the social media website X. "The SECOND I heard about this, I went to the park to speak to the person in charge to tell them it needed to end NOW. Absolutely outrageous."
Additional videos posted on Bluesky by Buer showed angry Los Angeles residents following the agents as they drove slowly down the street away from the park while pelting them with verbal abuse.
"Get the fuck out of here!" one male resident can be heard shouting at the agents.
"You guys are a bunch of pussies!" yelled another.
Shortly after this, a woman can be heard scolding the agents: "You are not helping by snatching people!"
After Bass spoke with what I assume is a DHS rep, they packed shit up and headed out. The whole neighborhood turned out to chase them out of the park. Some fruit was thrown, alot of yelling
[image or embed]
— Mel Buer (@melbuer.bsky.social) July 7, 2025 at 2:29 PM
California Attorney General Rob Bonta, a Democrat, condemned the federal operations in Los Angeles shortly after they occurred.
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Los Angeles has become a focal point in the Trump administration's mass deportation operations. President Donald Trump last month deployed the National Guard to the city after some protests against ICE operations there turned violent.
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