News
The Court Filing
UNCLASSIFIED//FOR PUBLIC RELEASE
elements: severity and purpose.
“620
police brutality.”
619
These elements serve to distinguish true torture from “mere
The first inquiry is severity. The D.C. Circuit explained, “The critical issue is
“621
the degree of pain and suffering that the alleged torturer intended to, and actually did, inflict upon
the victim. The more intense, lasting, or heinous the agony, the more likely it is to be torture.”
The court gave “sustained systematic beating” and “tying up or hanging in positions that cause
extreme pain” as examples of “extreme, deliberate and unusually cruel practices” that meet the
severity requirement of torture. 622 It is permissible to infer the intent to cause pain from the facts
of the abuse. 623 Courts have characterized treatment milder than that at issue here as torture.
624
(note) [hereinafter TVPA]. TVPA, like § 2340, draws its definition from CAT. See Price, 294
F.3d at 92.
619
Price, 294 F.3d at 92; Warmbier v. Democratic People’s Republic of Korea, 356 F. Supp.
3d 30, 46 (D.D.C. 2018) (“To establish torture, the plaintiffs must show that the conduct was
sufficiently severe and purposeful.”).
620
Price, 294 F.3d at 93.
621 Id.
622 Id. at 92-93 (quoting S. Exec. Rep. No. 101-30, at 14 (1990)); see also Fritz v. Islamic
Republic of Iran, 320 F. Supp. 3d 48, 80 (D.D.C. 2018) (“And, on the other extreme, we know,
for example, that ‘sustained systematic beating… and tying up or hanging in positions that cause
extreme pain’ clearly cross the line.” (quoting Price, 294 F.3d at 93)).
623
Fritz, 320 F. Supp. 3d at 82.
624 See, e.g., Allan v. Islamic Republic of Iran, 2019 U.S. Dist. LEXIS 49541 (D.D.C. Mar. 25,
2019) (describing punches, kicks, sexually assaults, slaps, stress positions, refusal of access to food
and water, denial lavatories, mock executions, threats, and imprisonment in apartments, garages,
and basement prisons as torture).
Filed with TJ
15 May 2019
UNCLASSIFIED//FOR PUBLIC RELEASE
Appellate Exhibit 628 (AAA)
Page 187 of 1205
News
‘Bomb cyclone’ forecasted to bring heavy snow, blizzard conditions and dangerous travel
People walk through the snow in Brooklyn after an overnight storm on Saturday in New York City.
Spencer Platt/Getty Images
hide caption
toggle caption
Spencer Platt/Getty Images
An intense cyclone system is fueling a mix of severe weather, including a winter storm that will impact upper parts of the United States.
Heavy snow, blizzards, extreme cold and damaging winds are likely to create hazardous conditions stretching from Montana east to Maine, and Texas north to Pennsylvania, according to the National Weather Service (NWS).
More than eight million people were under winter storm warnings from the NWS on Sunday afternoon. Nearly two million people were under blizzard warnings. Meteorologists warn that after winter weather Friday and Saturday, an arctic front clashing with warm air could rapidly intensify into a ‘bomb cyclone’ over the Midwest and Great Lakes through Monday. A ‘bomb cyclone’ or bombogenesis is a rapidly deepening area of low pressure that creates harsh weather conditions.

“We are anticipating some pretty big snows over the next 24 hours, especially across east central Minnesota to northern Wisconsin to the Upper Peninsula of Michigan. A lot of those places will have 6-12 inches,” NWS Lead Forecaster Bob Oravec told NPR on Sunday.
Blizzard conditions will cause near zero visibility and possible power outages Sunday night though Monday evening in some locations in Michigan’s Upper Peninsula, according to the NWS Marquette. A foot of snow or more is possible in areas along Lake Superior with 40 to 65 mile per hour winds, according to forecasts.
Marquette Mayor Paul Schloegel told NPR on Sunday the Marquette Board of Light & Power is prepared to handle any loss of electricity. He said in an email the main priority is keeping people safe.
“We tend to heed the advice of our weather forecasters and prepare to hunker down as needed,” Schloegel wrote. “As far as taking care of the snow, our extremely dedicated public works and MDOT crews do a great job taking care of our residents, they are true professionals. Roads are usually back to normal within 24 [hours].”
Schloegel said Marquette residents appreciate a good blizzard while taking precautions.
“We choose to live here for our love of [four] full seasons and appreciate the effect the greatest lake, Lake Superior, has on our climate,” he said.
Minnesota is also bracing for major impacts. Blizzard and winter storm warnings and advisories are in place for most of the state. As much as 10 inches of snow could fall in the Twin Cities and potentially life-threatening travel conditions are likely through early Monday morning, according to the NWS.

The ‘bomb cyclone’ is also sending cold temperatures below freezing.
Residents of Havre, Mont., about 45 miles south of the Canadian border, could feel wind chill values as low as 15 degrees below zero late Sunday. The actual temperature is forecast to fall to 2 degrees below zero.
Farther south in Dallas, Texas, temperatures are expected to drop dramatically from the 80s on Sunday to highs in the 40s on Monday, according to the NWS.
In the Northeast, freezing rain could cause travel problems, including icing in northern New England and northern New York state, late Sunday into Monday, according to Oravec.
When colder air moves into New York City early this week, remaining snow on the ground from the weekend storm will freeze and create further hazardous travel conditions, Oravec said.
News
Disability rights advocate Bob Kafka dead at 79
Bob Kafka, a disabled Vietnam veteran, talks with an Austin Police Officer as he and others try to enter a hotel property.
Ilana Panich-Linsman/Getty Images
hide caption
toggle caption
Ilana Panich-Linsman/Getty Images
Bob Kafka, a renowned disability rights advocate, died at his Austin, Texas, home on Friday. He was 79 years old.
Kafka was an organizer with ADAPT (American Disabled for Attendant Programs Today), a group which advocates for policy change to support people with disabilities.
Mark Johnson, co-founder of ADAPT and a longtime friend of Kafka who confirmed his death, told NPR Kafka’s advocacy was as much about changing laws as it was changing lives.
“Maybe it was helping somebody tie their shoes and the next moment, maybe it was helping feed them, or maybe it was raising money through the fun run, or maybe it was negotiating with federal officials,” said Johnson.
Kafka was born in New York City, but spent most of his life in Texas. He was an Army veteran and fought in the Vietnam War.
Since being paralyzed from a 1973 car accident, Kafka, alongside his wife, Stephanie Thomas, prioritized seeking dignity for those with disabilities and helping others adjust to their new lives. Kafka could be seen at disability rights protests sporting a halo of white curls and an unruly beard.
“Very, very rarely do you find people that can, can do what needs to be done and not go around boasting about it,” said Johnson.
He also recalled the selfless nature of the community Kafka fostered, including how Thomas’ first instinct was to ask how he was feeling about losing a friend.
“I’m going, ‘Wait a minute, I’m calling you to ask you how you are,’” Johnson said.
Johnson remembered Kafka as a policy wonk who was as interested in the mechanics of federal bureaucracy as grassroots organizing. He said he hopes his friend will be honored for his work to influence change at all levels.
“If you mention disability to an average crowd, it’s gonna, think of something negative. Bob and others may help people make that shift,” Johnson said.
“They say claiming your identity – your full identity – can be very powerful, very liberating. And I think Bob was one of those people that’s been doing that for 50 years.”
News
Winter storm brings heavy snow and ice to busy holiday travel weekend
A man cleans off his car of snow in Brooklyn after an overnight storm on Dec. 27, 2025 in New York City.
Spencer Platt/Getty Images
hide caption
toggle caption
Spencer Platt/Getty Images
A powerful winter storm is bringing extreme weather to the Upper Midwest, Great Lakes, and Northeast this weekend.
The National Weather Service (NWS) says the system will intensify over the next few days and conditions are expected through Tuesday.
“Arctic air will descend into the Plains beginning Sunday followed by a potent winter storm across the upper Midwest to the Great Lakes Sunday night to Monday,” according to a bulletin from the NWS posted on Saturday.

Heavy snow and whiteout conditions are forecasted across parts of the Upper Midwest and Great Lakes region, causing “treacherous travel,” the NWS said. More than a foot of snow could fall along Michigan’s Upper Peninsula. Western New York and Northwest Pennsylvania are expected to receive lake-effect snow.
The storm has slammed the Northeast, dumping up to nearly 8 inches of snow on New York City and surrounding areas between Friday and Saturday. The weather snarled traffic along the I-95 corridor and disrupted air travel. Flight tracker, Flightaware.com, showed more than 1,000 delays across U.S. airports on Saturday evening. Nearly 1,000 flights were cancelled into, out of and within the U.S. as of Saturday evening.
The NWS is also warning of dangerous ice across parts of the Northeast, including ice accumulation of up to a quarter of an inch in eastern New York, parts of Connecticut and Massachusetts. Bitter wind chills as low as -35 degrees are expected in parts of North Dakota and up to -25 degrees in northern Minnesota.
Meanwhile, it will feel more like spring across parts of the South and into the Tennessee Valley, where temperatures could reach highs in the 70s for this time of year, according to forecasters.
-
Entertainment3 days agoHow the Grinch went from a Yuletide bit player to a Christmas A-lister
-
Connecticut4 days agoSnow Accumulation Estimates Increase For CT: Here Are The County-By-County Projections
-
Entertainment4 days agoPat Finn, comedy actor known for roles in ‘The Middle’ and ‘Seinfeld,’ dies at 60
-
Milwaukee, WI5 days ago16 music and theater performances to see in Milwaukee in January 2026
-
World1 week agoPutin says Russia won’t launch new attacks on other countries ‘if you treat us with respect’
-
Indianapolis, IN2 days agoIndianapolis Colts playoffs: Updated elimination scenario, AFC standings, playoff picture for Week 17
-
Southeast2 days agoTwo attorneys vanish during Florida fishing trip as ‘heartbroken’ wife pleads for help finding them
-
World3 days agoSnoop Dogg, Lainey Wilson, Huntr/x and Andrea Bocelli Deliver Christmas-Themed Halftime Show for Netflix’s NFL Lions-Vikings Telecast