Thursday, March 28, 2024
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Thursday, March 28, 2024

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Judge Glenn Yamahiro’s Alleged Conflict of Interest on Joseph Mensah

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Glenn Yamahiro could have chosen to recuse himself to remove any perception issues in such a contentious case; surely, there are a number of other judges without such close ties to one side who could have heard the case.

A former public defender and Jim Doyle appointee whose ex-wife and the mother of his child has worked extensively in opposition to Joseph Mensah got to decide whether to overrule the elected DA and criminally charge the officer.

Glenn Yamahiro has now made a decision that runs counter to multiple previous investigations; he has found probable cause that Mensah committed homicide by negligent use of a dangerous weapon using a rare John Doe provision in state statutes. He is now appointing a special prosecutor to handle the case.

[Note: this story first ran in May 2020 on Wisconsin Right Now. We’ve updated it to include the latest developments.]

Is that fair?

Milwaukee County Circuit Judge Glenn Yamahiro, who was asked by attorney Kimberley Motley to issue criminal charges against the former Wauwatosa police officer in the on-duty shooting death of Jay Anderson, has a close family tie to Motley and the Andersons, Wisconsin Right Now has learned. Anderson was shot and killed five years ago.

Here’s why:

Yamahiro is the ex-husband of Deja Vishny, who works for Motley’s law firm on an “of counsel” basis. Vishny has worked extensively with Motley as a literal legal team in her persistent efforts to get Mensah charged with homicide. Yamahiro and Vishny also share a child together; Vishny has served as a high-profile Anderson family attorney in the Mensah matters alongside Motley for months.

Due to a rare provision in John Doe statutes, it was up to Yamahiro to decide whether to criminally charge Mensah as his ex-wife and the mother of his child desires, even though the Milwaukee County District Attorney already ruled the 2016 shooting justified. A separate federal civil rights criminal investigation probe also resulted in no charges against the officer.

Mensah is now a Waukesha County Sheriff’s deputy.

This has raised serious concerns about fairness in some corners for months as Yamahiro’s decision looms, yet it hasn’t been explored at all in the rest of the news media.

For months, Vishny and Motley have been joined at the hip in calling for criminal charges against Mensah, working as lawyers for the Anderson family, firing off a letter opposing a settlement agreement that Mensah entered with the city, demanding open records in Mensah’s cases from the city, challenging curfew violations, and standing arm-in-arm at press conferences calling out Mensah and Wauwatosa in the strongest of terms.

https://www.facebook.com/fox6news/posts/3372075202861308/

Glenn yamahiro

How close are the pair? “Best partner EVER!!” Motley declared about Vishny, a former Milwaukee public defender.

Glenn yamahiro Glenn yamahiro

Thus, even though the DA ruled the Anderson shooting (and two others) justified, a former public defender and Jim Doyle appointee whose ex-wife is deeply tied to the anti-Mensah side in a very public way will get the final say on whether the officer’s life will be, effectively, ruined via a criminal homicide charge.

Mensah John Doe Hearing Before Judge Glenn Yamahiro

Closing arguments in the Mensah John Doe hearing, which was requested by Motley, are taking place on May 19 before Judge Yamahiro.

If you think it’s ridiculous that a judge can overrule the decision-making of the DA, blame the Legislature for that, which, a few years ago, after hue-and-cry over the John Doe into then Gov. Scott Walker, limited the John Doe statute to exclude legislators but left cops at its mercy. The statute allows a citizen to petition a judge to issue a charge when a DA will not; the judge has immense power in a John Doe hearing to do just that.

Glenn Yamahiro gets to ask witnesses questions in the Mensah John Doe hearing, but Mensah’s attorney can’t cross-examine them because Mensah is not a defendant – it’s all about WHETHER to charge him.

“Are you aware of anybody else who fired their weapon 19 times in the past 30 years while you’ve been chief?” Yamahiro asked Wauwatosa Police Chief Barry Weber recently in the John Doe hearing.

Taleavia Cole, the sister of Alvin Cole, the armed teenager shot and killed by Mensah outside Mayfair Mall, in another shooting ruled justified by the DA, seems to think it’s going well for the anti-Mensah side.

Glenn yamahiro

“This morning, Judge Glenn Yamahiro dismissed all Joseph Mensah’s motions to dismiss this Jon Doe Hearing,” Cole wrote on May 17. “Motion to dismiss is Denied! Thank you Judge, Kimberley Motley, and the family of course. We are still on Wednesday, May 19th for Kimberly’s closing statement.”

We contacted Judge Yamahiro to see if he had any comment on the alleged conflict with Vishny. His clerk got back to us and said that the issue was “discussed on the record at the time” and the judge had no further comment. We contacted Mensah’s attorney Jon Cermele and left a message.

“It is not fair everything he (Mensah) has went through,” Mensah’s girlfriend Patti Swayka told WRN when asked for comment. “He’s been fighting fair all along, even when he was treated unfairly and out of the ordinary. He is the kindest, most intelligent, STRONGEST, loving person, I have ever met. He will make it beyond this because he is an honest person. Honesty always wins.”

We also contacted Rick Esenberg, a legal expert who is president of the Wisconsin Institute for Law and Liberty. Specifically, we asked him whether the judge was mandated to recuse and whether this kind of conflict is a violation of judicial ethics. He said that’s unclear and open to interpretation; some judges have voluntarily recused in somewhat similar cases to remove, minimally, perception issues of fairness, though.

You can judge for yourself as to whether you, if you were in Mensah’s shoes, would feel you were getting a fair shake from a judge with such close family ties to the side lobbying aggressively to get the judge to criminally charge you.

Glenn yamahiro

The Wisconsin case State v. Crystal Harrell involved “a case tried by the district attorney’s office, a circuit court judge, whose spouse is an assistant district attorney in the same county.” The Supreme Court was asked to consider whether state statutes prohibit a judge “from hearing a case when a close relative is ‘counsel thereto’ for either party.” The court found that statutes do not require “a judge to disqualify himself or herself in such a situation as long as his or her spouse did not participate in, or help prepare, the case.”

The 1996 Wisconsin Supreme Court decision also found that a conflict extends to “the attorney of record and any other attorneys who appear or participate in the case.” That case differed in some keys ways from this set of circumstances, though; for example, the court found that prosecutors don’t have a financial interest in the outcome of a case, making the conflict less problematic. In this case, Vishny has been repeatedly identified as an Anderson family attorney, although it’s not clear if she’s getting paid.

Did she help prepare the case? Did she participate?

Glenn yamahiro

Esenberg believes Vishny’s deep involvement in the issue makes the question of recusal more complicated.

“The judicial code defines a member of the judge’s family as follows: ‘Member of the judge’s family’ means the judge’s spouse, child, grandchild, parent, grandparent and any other relative or person with whom the judge maintains a close familial relationship.’ A judge may not sit on a case in which a member of his family is a lawyer,” Esenberg told WRN.

“Maybe recusal is not required by this provision because 1) she is not a lawyer ‘in the proceeding” and 2) the two are divorced. The first argument can work – Justice Ann Walsh Bradley recused herself from the Doe case because her son’s firm was involved – although others read it differently. I recall Justice Steinmetz sitting on cases involving Foley & Lardner even though he had a son and two sons-in-law at the firm. But her involvement in other aspects of the matter make this tougher. The other point – that they are divorced – could succeed as well but may turn on the nature of their relationship. There are other provisions that might be said to apply and also the appearance of impropriety standards that are general and broad but that the judge ought to consider.”

Overall, he said it’s not clear or a settled matter in the law.

Certainly, Glenn Yamahiro could have chosen to recuse even if not mandated to remove any perception issues in such a contentious case; surely, there are a number of other judges without such close ties to one side who could have heard the case.

How close is Vishny to the case? Consider:

Vishny was an attorney for the Anderson family on the Mensah John Doe case for a week, withdrawing the day after Yamahiro was appointed.

Glenn yamahiro

Vishny has a website on which she states that she is “currently of counsel at Nelson Defense Group in Hudson Wisconsin and with Motley Legal nationwide.” Motley Legal is Kimberley Motley’s firm. Motley is the extremely public and aggressive lawyer for the families of those shot and killed by Mensah and the Peoples Revolution protest group.

Court records show that Vishny, whose real name is Deborah Vishny, was divorced from Yamahiro in 2010. They were joint petitioners and there was a petition for child support. He is remarried. A 2004 article on the Urban Milwaukee website confirms that Vishny, a former public defender, was married to Yamahiro. “I’m Glenn’s wife,” she told that reporter, who wrote that “the couple has one child,” who was then in elementary school.

Vishny and Motley have whipped out press releases together calling for the “immediate suspension” of Wauwatosa Chief Barry Weber.

Joseph mensah john doe hearing

They’ve also worked together on other police-related cases, suing the City of Kenosha on behalf of Jacob Blake protesters who were given curfew tickets.

Mensah john doe

A 2016 article by the Neighborhood News Service quoted Vishny gushing about Motley and says she was her former supervisor.

“I really liked her approach to work,” Vishny told the site. NNS reported that “Vishny worked with Motley in a trial skills program and as her supervisor when Motley joined SPD after graduating from Marquette Law School in 2003.” Vishny gushed in that article about Motley’s tenaciousness and pursuit of what Vishny called “justness.”

The Shepherd Express referred to “Deja Vishny and Kimberley Motley, the attorneys representing the Cole and Anderson families.”

“Motley and Vishny submitted formal complaints to the Wauwatosa City Hall,” that article says. “Vishny and Motley have said that they will use the information revealed by their open records request in the District Attorney’s review.”

There’s more. “Lawyers Kimberley Motley and Deja Vishny issued a letter to Wauwatosa Common Council members, City Attorney Alan Kesner, Police and Fire Commission (PFC) president Dominic Leone, and others on Nov. 18 outlining the ‘strong objections’ they have to the (Mensah settlement) agreement,” according to ABA Journal.

“Motley and Vishny have represented the families of those Mensah has killed, including 17-year-old Alvin Cole. The Motley Legal firm also filed complaints against Mensah on behalf of the families of 25-year-old Jay Anderson, Jr. and 28-year-old Antonio Gonzales.”

What are the rules of judicial recusal? The American Bar Association says:

Other “close personal relationships”—such as amicably divorced individuals who maintain joint custody—require that the judge follow the dictates of rule 2.11(C), which provides for a remittal of disqualification. That rule reads: A judge subject to disqualification under this Rule, other than for bias or prejudice under paragraph (A)(1), may disclose on the record the basis of the judge’s disqualification and may ask the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be disqualified, the judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding.

Urban Milwaukee reported that “Attorney Deja Vishny… has worked with Motley on the Wauwatosa cases.”

WTMJ described Vishny as an “Anderson family” attorney.

“There are a lot of changes that need to be made in policing and Wauwatosa Police Department has been a problem,” Vishny told WTMJ.

“Vishny and Kimberley Motley were recently retained by the Anderson family. The attorneys are also working with Alvin Cole’s family,” the television station reported.

They also spoke together in a training session for the National Association of Criminal Defense Attorneys called “Media, the Movement, & Using the Law: Challenging Bad Cops – Kimberley Motley (Milwaukee, WI) and Deja Vishny (Milwaukee, WI).”

They’ve hosted fundraisers together.

Vishny wrote on Twitter in November 2020, “Joseph Mensah’s resignation is long overdue. While we welcome the news; it is tragic that the WPD under Chief Weber’s leadership failed to address his shortcomings for years. It is time for new leadership in the WPD!#stillfightinginTosa

Vishny criticized the DA’s decision not to charge Mensah in the Alvin Cole case.

“This is a different standard than is used with non-police witnesses,” Deja Vishny said. “This is a culmination of years of not holding police officers criminally accountable for their conduct, and in this community, this has to stop.”

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New Bill Would Require Feds to Screen Border Crossers Against Terror Watch List

A congressman from north Texas has introduced a bill that would require federal agents to screen everyone who enters the country illegally against the federal terrorist watch list.

The bill was introduced as more than 200 known or suspected terrorists (KSTs) have already been apprehended attempting to enter the country this fiscal year.

U.S. Rep. Roger Williams, a Republican whose district lies west and northwest of Fort Worth, introduced HR 7733, the Identifying Potential Terrorist at the Border Act of 2024. It would amend the Immigration and Nationality Act to require U.S. Customs and Border Protection to “take into and maintain custody over an alien until the commissioner cross references the name of such alien with the terrorist screening database and a result for such cross reference is received by the commissioner.”

When announcing the bill, Williams said, “We are a land of laws, and it is past time this Administration acts like it. [President] Joe Biden is encouraging a deadly invasion of fighting-age men on American soil and each day this Democrat-created influx of illegal aliens allows bad actors to slip past Border Patrol undetected.”

Williams, Texas’ Secretary of State under former Gov. Rick Perry, last month also introduced a bill to have the federal government reimburse Texas for its border security costs.

Current law does not require illegal border crossers to be screened against the terrorist watch list. CBP agents at ports of entry and Border Patrol agents between ports of entry do follow the practice and apprehend KSTs.

Every month, CBP reports the number of KSTs apprehended at the northern and southern borders. CBP Office of Field Operations agents working at land ports of entry are tasked with stopping “inadmissables,” or illegal foreign nationals, including KSTs, as well as contraband, prior to U.S. entry. U.S. Border Patrol agents working between ports of entry patrolling the borde are tasked with apprehending foreign nationals, including KSTs, who’ve already illegally entered the U.S.

General practice has been to screen inadmissibles against the Terrorist Screening Dataset, the federal database that contains sensitive information on terrorist identities. It originated as a consolidated terrorist watchlist “to house information on known or suspected terrorists but evolved over the last decade to include additional individuals who represent a potential threat to the United States, including known affiliates of watchlisted individuals,” CBP explains.

“Under current law, CBP is not required to screen migrants against the terrorist watchlist database, and as we have seen too often, dangerous criminals are released into our nation who go on to harm American citizens and communities,” Williams said. “Now more than ever, we must be aware of who is in our country as Republicans fight to restore law and order and end Biden’s deadly open border policies that are destroying America.”

In fiscal 2023, the greatest number of KSTs, 736, were apprehended at the northern and southern borders, The Center Square reported. A significant majority – 66% – were apprehended at the northern border, 487; 249 were apprehended at the southwest border.

The apprehension data excludes gotaways, which Border Patrol agents and others have warned inevitably includes KSTs. “Gotaways” is the official CBP term that refers to those who illegally enter the U.S. between ports of entry, don’t return to Mexico or Canada, and are not apprehended. An estimated two million have illegally entered since January 2021, The Center Square has reported. However, Border Patrol chiefs say this number is underreported by an estimated 20%.

The trend is continuing in fiscal 2024. The fiscal year started Oct. 1, 2023, and goes through Sept. 30, 2024. KST northern border apprehensions outpaced those at the southwest border in the first quarter of fiscal 2024, The Center Square reported.

As of Jan. 26, 2024, 144 KSTs were apprehended, the majority, 90, were apprehended at the northern border.

As of March 22, the total number climbed to 210, according to CBP data. The majority, 127, were apprehended at the northern border; 83 were apprehended at the southwest border.

The number of KSTs apprehended under the Biden administration has increased every year. In fiscal 2022, 478 KSTs were apprehended, up from 173 apprehended in fiscal 2021.

Last fall, FBI Director Christopher Wray testified before the U.S. Senate about terrorist threats facing Americans including from Iranians. More than a month after he spoke, northern border agents apprehended an Iranian with terrorist ties.

Retired FBI officials also warned Congress in January that a terrorist attack was likely imminent and preventable.

Earlier this month, Wray testified again before the Senate acknowledging that a smuggling organization working with the terrorist group ISIS is funneling criminals through the U.S. border. He said the FBI was investigating its operations that “we’re very concerned about.”

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Biden Administration Defends Decision to Nix Union Accountability Effort

The Biden administration has removed a federal webpage dedicated to union transparency and accountability and apparently has no plans to replace it.

The Center Square on Tuesday exclusively obtained a letter from the U.S. Office of Personnel Management to 10 U.S. senators defending its decision to remove a webpage built to hold unions accountable.

After the accountability webpage disappeared last year, an OPM spokesperson told The Center Square "previous reports on official time are not currently available because OPM is reorganizing our website to improve navigation and customer experience."

Since then, OPM has declined to comment on the issue multiple times.

As The Center Square previously reported, the Office of Personnel Management created the webpage in question to track “official time,” a practice when federal employees who are union members conduct union business during normal work hours, which means taxpayers pick up the tab.

The practice has gone on for decades, but concerns about abuse and accountability led lawmakers to push for more reporting. Until last year, OPM had a webpage dedicated to official time accountability with a history of past reports.

Now, in its letter to lawmakers, OPM points out it has moved the official time data to an “agency reports” webpage. However, the last official time report on the site is from fiscal year 2019, meaning none have been completed since Biden took office.

No other official time reports are listed on the OPM reports page.

“Most tellingly, Director [Kiran] Ahuja offered no apology for the removal of the official time webpage, made no commitment to restoring it, and declined to commit OPM to producing any additional estimates of taxpayer-funded union time use and costs in the future…” Maxford Nelsen, a labor policy expert at the Freedom Foundation, told The Center Square.

OPM has released the reports regularly since the Clinton administration, but in the letter pointed out they are not legally required to do so.

In the letter, OPM said the official time reports were taken down to improve the website and that the decision “was not based on any discussions with outside parties such as federal unions, other agencies, or the White House.”

The Center Square, however, exposed coordination between the Biden administration and labor unions at taxpayer expense in the past.

A national labor union representing over 100,000 federal employees boasted in a document online that they had persuaded the Biden administration to use taxpayer resources to make it easier for unions to recruit new members. After The Center Square reported on the issue, the document was taken down.

In OPM’s letter this week, the agency says its decision was not political but was part of a larger overhaul to the website.

From OPM’s letter:

As part of modernizing and consolidating our webpages, we routinely remove or migrate information to ensure our web content is up to date and to improve the customer Experience. In the course of updating our website, official time reports were taken down from their original location. The most recent of those reports, from 2019, was migrated along with numerous other documents to the Agency Reports page of OPM’s website. OPM made the decision to remove official time reports for the reasons described above; the decision was not based on any discussions with outside parties such as federal unions, other agencies, or the White House.

Annual reports on official time usage are not mandated by statute, and these statistics have not been reported on a consistent basis for more than a decade. In the past ten years, official time reports have only been issued four times. The most recent estimates on official time are included in the Fiscal Year 2019 report. Agencies reported that bargaining unit employees spent a total of 2,606,390 official time hours representing 1,329,222 non-Postal federal civil service employees. This represents a decrease of 28.26 percent in the use of official time compared to the previous report, which covered Fiscal Year 2016.

Nelsen pointed out that President Joe Biden has repeatedly stated his pro-union stance and his plans to be the “the most pro-union president in history,” so no official coordination was needed, though its unclear whether OPM’s claim of no coordination is true.

Nelsen pushed back, saying Ahuja “made no effort to explain how deletion of the federal government’s sole repository of official time information and historic data – which was perfectly functional and up-to-date until the day of its removal last summer – helps improve the public’s access to data.”

As The Center Square previously reported, “official time” was codified in 1978. Almost immediately, though, accountability became a major concern.

The Government Accountability Office reported in 1979 that “no one knows how much official time is authorized for Federal employees” because of “widespread failure” when it comes to keeping records. The GAO made similar comments again in 1996 before Congress.

“Overall, it’s fair to say that the Biden administration has zero interest in the public knowing the extent to which federal employees are working for unions instead of performing the public service roles for which they were hired and continue to be compensated by taxpayers,” Nelsen said.

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More Than 11 Million Illegals Have Entered U.S. Since Fiscal 2021

According to U.S. Customs and Border protection data, 9.4 million foreign nationals illegally entered the U.S. in fiscal years 2021, 2022, 2023 and through the end of February 2024.

Including another more than 2 million gotaways, reported by The Center Square, combined, they total an estimated 11.4 million, more than the population of 43 U.S. states.

They also total more than the population of all individual U.S. cities, including the largest city of New York City, and are greater than the populations of roughly 150 countries.

With February’s record 256,094 illegal border crossers, and more than 120,000 gotaways in the first quarter of fiscal 2024, the number of illegal border crossers in fiscal 2024 through February total more than 1.6 million, the highest in U.S. history.

Record numbers came through in the first quarter of fiscal 2024 both at the northern and southwest borders, the highest of any quarter and per month in U.S. history.

If fiscal 2024 numbers continue at the current trajectory, they will likely be the largest number on record, surpassing last year’s record.

Last fiscal year, nearly 4 million, including gotaways, were reported to have illegally entered the U.S., The Center Square first reported.

“Gotaways” is the official term used by Border Patrol agents to describe foreign nationals who intentionally illegally enter the U.S. between ports of entry and don’t return to Mexico or Canada. CBP doesn’t publicly report gotaway data. The Center Square first began reporting it to provide a more accurate picture of the number of illegal border crossers entering the U.S. every month under the current administration.

Illegal border crossers (fiscal year 2021 through fiscal 2024 through the end of February 2024) total more than 19 Wyomings, 17.5 Vermonts, 15.5 Alaskas, 14 North Dakotas, 12 South Dakotas, and nearly 11 Delawares, President Joe Biden’s home state.

Put another way, they total 29% of California’s entire population, nearly 37% of Texas’ population, and nearly half of Florida’s population, the country's three most populous states.

They total 58% of New York’s population, 88% of Pennsylvania’s population, 91% of Illinois’ population and nearly as much as Ohio’s population. They total more than the eighth most populous state of Georgia and the rest of the U.S. states and territories.

The Center Square first reported on the number of illegal border crossers totaling more than the population of individual states. In June 2022, more than three million had illegally entered the U.S., totaling more than the individual populations of 23 U.S. states, Puerto Rico and the District of Columbia.

By August 2022, that number had increased to total more than the population of 25 states and more than 100 countries and territories.

Now, they total more than roughly 150 countries, outranking the 83rd most populous country of Jordan with 11.3 million people. They total more than the populations of the Dominican Republic, Cuba, Sweden, Honduras, Greece, Portugal, Hungary, Israel, Austria, Switzerland, Libya and Nicaragua.

They also total more than double the populations of Finland, Norway, Lebanon, New Zealand, Costa Rica, Ireland, Panama and Kuwait.

They more than triple the populations of Georgia, Uruguay, Jamiaca and Qatar.

The numbers exponentially increased after Department of Homeland Security Secretary Alejandro Mayorkas implemented policies to create a “legal pathway” for millions of foreign nationals who otherwise would be prohibited from entry. More than half of U.S. states sued over them, arguing they are illegal. The U.S. House Committee on Homeland Security identified over a dozen parole policies Mayorkas created that it argues are illegal included as reasons for which he was impeached last month, The Center Square reported.

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Appeals Court Reduces $464M Bond in Trump’s Fraud Case, Gives Him More Time

A New York appeals court on Monday gave former President Donald Trump a lifeline in his New York fraud case, allowing Trump to post a much lower bond while he appeals the verdict in the case.

Trump was expected to come up with $464 million or a bond for that amount Monday to appeal a ruling by Superior Court Judge Arthur Engoron in a civil fraud lawsuit brought by New York Attorney General Letitia James in 2022.

In an order, the five-judge state appeals court panel said it would give the Trump Organization and top executives 10 days to post a $175 million bond.

Engoron found that Trump, his company and top executives – including his sons Donald Trump Jr. and Eric Trump – deceived banks and insurers by inflating the value of his family's wealth on financial statements used to secure loans.

Trump said Monday that he planned to comply with the order.

"We will abide by the decision of the Appellate Division, and post either a bond, equivalent securities, or cash," he posted on Truth Social. "This also shows how ridiculous and outrageous Engoron's original decision was at $450 Million."

Trump's attorneys previously said he couldn't get a bond for the full amount and asked to put up a $100 million bond instead. James wanted Trump to have to put up the full amount and had said she will seek "judgment enforcement mechanisms in court" if Trump can't come up with the money.

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