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Supreme Court affirms hunting rights for Crow Tribe under 1868 treaty

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DNY59/iStock(WASHINGTON) — A Native American hunter from Montana won his case at the Supreme Court on Monday, solidifying treaty rights for the Crow Tribe and overturning a state fine for poaching.

In a 5-4 decision, the court sided with Clayvin Herrera in his appeal of an $8000 fine from Wyoming in 2014 for hunting elk off-season, without a license in the state’s Bighorn National Forest.

The decision clarifies court precedent that historical treaty rights between the U.S. government and Native American tribes did not implicitly end when a territory became a state.

Herrera argued that an 1868 treaty between his tribe and the federal government explicitly protected a right to hunt on “unoccupied lands” at any time. Wyoming claimed that the right disappeared when the state entered the union, and when the federal forest land was designated, making it “occupied.”

“We disagree,” Justice Sonia Sotomayor wrote of Wyoming’s argument in the majority opinion. “The Crow Tribe’s hunting right survived Wyoming’s statehood, and the lands within Bighorn National Forest did not become categorically ‘occupied’ when set aside as a national reserve.”

Sotomayor, who was joined on the opinion by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Neil Gorsuch, invoked the court’s precedent that “Congress must clearly express any intent to abrogate Indian treaty rights.”

“First, the Wyoming Statehood Act does not show that Congress intended to end the 1868 Treaty hunting right,” Sotomayor writes. “Nor is there any evidence in the treaty itself that Congress intended the hunting right to expire at statehood, or that the Crow Tribe would have understood it to do so.”

As for whether a national forest constitutes “occupied” land, the majority wrote that the reserve could not be categorically considered such. But they left open the door for Wyoming to argue in lower court that a narrowly defined area in which Herrera was hunting was in fact occupied.

In a dissent, Justices Samuel Alito, John Roberts, Clarence Thomas and Brett Kavanaugh called the majority’s reasoning “plainly contrary” to two Supreme Court precedents: an 1896 case which suggested that some Indian treaty rights extinguished with statehood, and a 1995 case which said Crow hunting rights had lapsed.

“This interpretation of the treaty is debatable,” Alito wrote of the majority decision. “Even if the court’s interpretation of the treaty is correct, its decision will have no effect if the members of the Crow Tribe are bound under the… holding that the hunting right conferred by that treaty is no longer in force.”

The majority concluded that a 1999 Native American treaty-rights case “repudiated” and “undercut” the reasoning in the earlier decisions from 1896 and 1995.

Copyright © 2019, ABC Radio. All rights reserved.

Man wanted in arson attempt at Chicago synagogue: Police

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Surveillance video of a man who attempted to start a fire at a synagogue in Chicago, May 19, 2019. (Chicago Police Department)(CHICAGO) — Police are searching for a man who left a Molotov cocktail at a Chicago synagogue in an apparent arson attempt, authorities said.

The crime took place at the Anshe Sholom B’nai Israel Congregation in Chicago’s Lake View East neighborhood this weekend, according to the Chicago Police Department.

Three broken glass bottles with unknown substances inside and charred black cloth towels were found at the scene, said police.

No one was hurt and no buildings were damaged, police said.

“Someone attempted to violate the sacred space that serves as the beating heart of our vibrant community,” rabbi David Wolkenfeld wrote in a letter to the congregation on Facebook. “Our response must be to rededicate ourselves to honoring the sanctity of our shul… we will stand together and support one another when we are frightened or in need of help.”

Officers are also searching for a separate suspect wanted in for smashing three car windows outside of synagogues in the Rogers Park District this weekend, Chicago police spokesman Anthony Guglielmi said.

In the wake of both crimes, Chicago Police Deputy Superintendent Anthony Riccio has ordered special attention at all Jewish schools, synagogues and businesses, Guglielmi tweeted on Sunday.

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Rabbi Wolkenfeld said in his letter, “The police are not aware of any specific threat targeting our building or community. Nonetheless, over a period of many years, we have implemented a proactive security culture of constant improvement.”

“Our security team is in regular and ongoing contact with local police, security professionals at neighboring congregations and with security consultants at local and national Jewish agencies,” he said.

The United States had seen a decline in expression of anti-Semitism over the past several decades until three to four years ago, when it started to rise, according to John Cohen, a former acting undersecretary at the Department of Homeland Security (DHS) and current ABC News contributor.

Of the 1,749 victims of anti-religious hate crimes in 2017, 58.1 percent were victims of crimes motivated by the perpetrators’ anti-Jewish bias, according to statistics from the FBI.

The Anti-Defamation League recorded a total of 1,879 anti-Semitic incidents across the country in 2018, the third-highest year on record since the Jewish organization began tracking such data in the 1970s.

The rise in anti-Semitic expressions spans from harassment to vandalism to assault to murder to mass murder and “seems to be coinciding with a rise in public expressions of white supremacy,” Cohen told ABC News in March.

“The themes promoted by white supremacist leaders and the language they use has now been promoted into mainstream political discourse,” Cohen said. “[When] racist, mentally unwell, violence-prone individuals hear our elected officials promoting the ideological themes of white supremacy and anti-Semitism, then that serves to empower those people to action,” he said.

Anyone with information about the Chicago arson attempt is asked to call police at 312-746-7618.

The suspect in the arson attempt “appears to be a male with a light skinned complexion, wearing a black jacket with a hoodie, black pants and black shoes and carrying a black bag,” said police.

Copyright © 2019, ABC Radio. All rights reserved.

Alabama police officer shot dead, two others hurt; suspect captured after manhunt: Chief

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kali9/iStock(AUBURN, Ala.) — A suspected gunman is in custody after an Auburn, Alabama, police officer was shot dead and two fellow officers were hurt, the local police chief said.

The three officers were met with gunfire while responding to a “domestic disturbance” at the Arrowhead mobile home park Sunday night, Auburn Police Chief Paul Register said at a news conference.

The two injured officers are expected to recover, Register said.

“This is probably the worst day of my time here. Words cannot express the loss,” the chief said. “We’re just trying to be there with our officers and those families right now.”

The shooting sparked an overnight manhunt for the suspect, identified as 29-year-old Grady Wayne Wilkes, Register said.

Wilkes was taken into custody on Monday morning, according to Auburn University Campus Safety.

Wilkes had not been on the radar of law enforcement, Register said.

The officers’ names have not yet been released.

Copyright © 2019, ABC Radio. All rights reserved.

Violent, long-lasting tornadoes threaten Oklahoma, Texas

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ABC News(NEW YORK) — Over the weekend, 41 tornadoes were reported across eight states as severe storms again target the heartland.

Violent, potentially life-threatening tornadoes may strike western Texas and Oklahoma as the threat of severe storms stretches all the way into Kansas.

Six states also are under flood alerts, with flash flooding a major threat from Texas all the way up to North Dakota.

Some areas in Texas, Oklahoma and Kansas could see half a foot of rain.

Part of the system that delivered severe weather to the central U.S. over the weekend is moving into the Northeast Monday, producing strong to severe storms — damaging winds, hail or isolated tornadoes can’t be ruled out.

The biggest threats will be in from the Hudson Valley toward Albany, New York, and into New England.

Severe weather is forecast to continue on Tuesday, with the western storm moving east into the Midwest and parts of the mid-Mississippi Valley.

The biggest threat Tuesday will be damaging winds, large hail and a few tornadoes — with the tornado threat largest in the morning.

Copyright © 2019, ABC Radio. All rights reserved.

NJ police seen on video pinning down, punching 19-year-old during arrest

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TheaDesign/iStock(DOVER, N.J.) — A video recorded during a violent arrest shows at least one New Jersey police officer punching a suspect who’s pinned to the ground.

Cyprian Luke, 19, was apprehended around 2 a.m. on Saturday because of a warrant tied to a domestic case, ABC New York station WABC-TV reported.

He and a friend were on their way to get a tattoo in Dover when the confrontation happened in front of a police station.

Luke told Lucy Yang of WABC there were “multiple blows” and “multiple macings” and that officers were “dragging me to the ambulance because I couldn’t walk.”

Luke, still in custody, is expected in court on Monday.

Christopher Luke told WABC his older brother wasn’t resisting arrest and that he wasn’t warned before officers descended upon him.

“They didn’t tell him they had a warrant for his arrest. They just tackled him to the ground. They pepper sprayed him,” Christopher Luke said. “He wasn’t resisting at all. He was trying to cover his face, because they kept punching him.”

The Morris County prosecutor is investigating the case under supervision from the New Jersey State Attorney General’s office, WABC reported.

Dozens protested the arrest on Sunday night, including Luke’s friend who shot the video.

“They was just beating the crap out of him,” Marcus Robinson said. “They didn’t give him a chance, because he really couldn’t move.”

Copyright © 2019, ABC Radio. All rights reserved.

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