A new bill running through the legislature is looking to amend California's "felony murder rule," which holds criminal accomplices liable for a murder that occurs during a crime regardless of whether they pulled the figurative (or literal) trigger. We debate the proposed changes. We also follow up on Justice Kennedy's retirement; interview the former U.S. ambassador to Mexico; and more.
The legal and political impact of Justice Kennedy's retirement
Justice Anthony Kennedy announced Wednesday that he is retiring from the U.S. Supreme Court. His decision to leave will allow President Trump to nominate a replacement that can solidify a 5-4 conservative majority.
For more than three decades, Justice Kennedy served as a vital swing vote in several cases, including abortion and same-sex marriage. Now, President Trump will move forward in nominating a replacement.
The President said yesterday that he’ll choose from a list of 25 prospects released last November. The President’s staff consulted with the conservative Heritage Foundation to compile the list. Given the filibuster is dead for Supreme Court confirmations, there’s nothing now Senate Democrats can do to stop the President’s choice.
However, Democrats claim it’s hypocritical of Republicans to confirm Trump’s nominee before the results of the November midterm elections. They claim the same principle should hold as when the GOP held off on a confirmation vote for President Obama’s nominee to Justice Scalia’s seat – Merrick Garland. Republicans said the then-upcoming Presidential election needed to take place before a new justice was confirmed. Republicans counter that they’re entirely different circumstances, with the nominee changing based on the incoming President. Trump wouldn’t necessarily change his choice based on which party controls the Senate.
Of the 25 candidates, will it be the runner-up to Trump’s last nominee, Neil Gorsuch? That would be Thomas Hardiman of the 3rd circuit court of appeals. What about Utah Senator Mike Lee? Or Senate Majority Leader Mitch McConnell’s favorite, Amul Thapar, also a federal judge?
Guests:
John Eastman, professor law and community service and director of the Center for Constitutional Jurisprudence at Chapman University
Michael Dorf, professor of law at Cornell University and co-author of the book, “The Oxford Introductions to U.S. Law: Constitutional Law” (Oxford University Press 2010)
Sean T. Walsh, Republican political analyst and partner at Wilson Walsh Consulting in San Francisco; former adviser to California Governors Pete Wilson and Arnold Schwarzenegger and a former White House staffer for Presidents Reagan and H.W. Bush
Rep Adam Schiff, Democratic congressman representing California’s 28 Congressional District, which includes Burbank, parts of Pasadena and Glendale
Former US Ambassador to Mexico on upcoming elections, NAFTA and immigration
Mexico is ramping up for its election on July 1, in which over 3,000 positions, including that of the President, will be potentially up for grabs.
And it’s the disaffected Millennials and Gen Z that might sway the vote, particularly for the anti-Trump leftist candidate Andrés Manuel López Obrador, often referred to as AMLO.
In economic news, Trump has been asking for a renegotiation of NAFTA, though whether that will be a three-way agreement or bilateral deals is still to be determined.
And meanwhile, the controversy over America’s immigration policy continues, with Trump calling for migrants to be deported without due process. How are the United States’ fluctuating immigration policies affecting Mexico? How will the NAFTA renegotiations impact Southern California? And what’s the cause of what’s looking to be a watershed election in Mexico?
Larry Mantle sits down with former U.S. Ambassador to Mexico Early Anthony Wayne to discuss.
Guest:
Earl Anthony Wayne , U.S. Ambassador to Mexico from 2011-2015 under President Barack Obama; Assistant Secretary of State for Economic, Energy and Business Affairs under President George W. Bush (2000-2006); public policy fellow at the Woodrow Wilson Center
Should CA roll back its ‘felony murder rule’?
If you’re, say, a getaway driver for a robbery, and your co-participant kills someone, even accidentally, during the incident, you can still get charged with first degree murder in California.
That’s because of the “felony murder rule,” which says that if you or your partner kill someone, even if it’s not on purpose, while committing a felony, you can face murder charges. If convicted, that means a sentence of 25 years to life.
SB 1437, proposed by Sen. Nancy Skinner (D-Berkeley) aims to narrow the scope of the rule, which she says unjustly punishes accomplices. The bill specifies that murder charges would apply to those who commit the homicide or knowingly participate in a plan to kill.
Some law enforcement groups are opposed to the rollback, saying that the rule acts as a deterrent to those who might otherwise participate in serious felonies.
We discuss the pros and cons of the legislation.
Guests:
Kate Chatfield, policy director for Re:store Justice, a non profit that advocates for criminal justice reform in CA, which is a co-sponsor of SB 1437; she is also an adjunct professor at the University of San Francisco School of Law
Eric Siddall, Los Angeles County Deputy District Attorney; vice president of the Association of Deputy District Attorneys, a collective bargaining agent representing nearly 1,000 deputy district attorneys who work for Los Angeles County; he tweets
Outrage over FDA proposal to require ‘added sugars’ on maple syrup, honey nutrition labels
Maple syrup and honey producers across the country are battling a U.S. Food and Drug Administration regulation that would require its nutrition labels to list grams of “added sugars.”
But...what if no sugars are added to their products?
In the FDA’s case, the “added sugars” label is a technical term to let consumers know how much sugar maple syrup and honey will add to their diet. The new guidelines are part of an overhaul to modernize nutrition labels and combat growing obesity by forcing manufacturers to disclose the amount of sugar existing in their products.
But the proposal sparked outrage over concerns that the label will only mislead consumers into thinking that sugars were added to their 100 percent pure, organic syrups.
In response to the outpour of complaints, the FDA is promising a compromise, but it’s not clear if the “sugary” manufacturers will get their sweet ending.
Guest:
Betsy McKay, senior writer for the Wall Street Journal covering global public health; she’s been following the story and tweets