Posted on 06/30/2021 8:12:22 AM PDT by SeekAndFind
Federal judge Analisa Torres, an Obama appointee, dismissed a shooting case against a reputed gang banger because the grand jury that indicted him was drawn from a grand jury pool in White Plains with an “underrepresentation of Black and Latinx individuals.”
It looks to me that Judge Torres is using an invented term, Latinx” to invoke an invented right. Via the New York Post:
“The Government has failed to meet its burden by coming forward with evidence rebutting the presumption that such underrepresentation was the result of purposeful discrimination,” she wrote Monday.“Therefore, Defendant has established a violation of his Fifth Amendment right to a race-neutral jury selection process.”
Underlying the argument is the fact that the indictment was handed down in Westchester County, not in Manhattan, where the alleged crime took place. Manhattan is more heavily minority than Westchester, where AOC grew up. That must be what led Judge Torres to make a “presumption” of motivation to discriminate. Since when do judges presume guilt?
(Excerpt) Read more at americanthinker.com ...
It only has to be within the federal district. Counties don’t mean anything in federal court as long as they are within the district. This judge is completely wrong and will likely be overturned on appeal if the USAO decides to appeal it.
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