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Supreme Court upholds California woman's drug smuggling conviction that leaned on expert's opinion

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Supreme Court upholds California woman's drug smuggling conviction that leaned on expert's opinion

The Supreme Court on Thursday upheld a California woman’s drug smuggling conviction that was based in part on an expert’s testimony that criminal gangs rarely use “blind mules” to move drugs across the southern border.

In a 6-3 decision, the justices rejected Delilah Diaz’s contention that the expert testimony was unfair and illegal because it strongly suggested to jurors that she must have known drugs were hidden in her car.

Federal rules of evidence say an expert cannot state an opinion on a defendant’s “mental state or condition,” but the justices said the expert’s testimony about drug smuggling operations in general did not violate that rule.

Justice Ketanji Brown Jackson joined most of the court’s conservatives in the decision in Diaz vs. United States. A former trial judge, she said experts often testify on both sides of the case.

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“This very case illustrates the significance of mental-state evidence to both parties in a criminal trial,” Jackson wrote in a concurring opinion. “The government expert opined (based on his almost 30 years of experience as a special agent) that, ‘in most circumstances,’ drug couriers know that they are transporting drugs….Notably, however, the government was not the only party that relied on this type of mental-state evidence during the trial. Diaz called an automobile specialist who testified that a driver of her particular car would almost certainly not know that it contained drugs.”

In August 2020, Diaz, a U.S. citizen, was stopped at a border crossing when she was returning from Mexico. When the Border Patrol agent asked her to roll down one of the car’s windows, she said it was manual. When he tried, he heard a “crunch-like sound in the door.”

When the car was pulled aside and checked, officers discovered 56 packages of methamphetamine tucked inside the door panels and under the carpet in the trunk. The methamphetamine weighed just over 54 pounds and had an estimated retail value of $368,550.

Diaz said the car was her boyfriend’s and she knew nothing about the drugs.

She was charged with drug trafficking, and prosecutors were required to prove to the jury that she knew she was transporting drugs.

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They called Andrew Flood, a Department of Homeland Security special agent, who testified that in his experience, drug traffickers “generally do not entrust large quantities of drugs to people who are unaware they are transporting them.”

Diaz was convicted and given a seven-year prison term. A federal judge in San Diego and the 9th Circuit Court of Appeals rejected her claim that the agent’s testimony violated the federal rules.

The Supreme Court in Diaz vs. U.S. affirmed the conviction Thursday.

“Because Agent Flood did not express an opinion about whether Diaz herself knowingly transported methamphetamine, his testimony did not violate” the federal rules, said Justice Clarence Thomas for the court. “An expert’s conclusion that ‘most people’ in a group have a particular mental state is not an opinion about the defendant.”

Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Brett M. Kavanaugh, Amy Coney Barrett and Jackson agreed.

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In dissent, Justice Neil M. Gorsuch said “the government comes away with a powerful new tool in its pocket. Prosecutors can now put an expert on the stand — someone who apparently has the convenient ability to read minds — and let him hold forth on what ‘most’ people like the defendant think when they commit a legally proscribed act …. What authority exists for allowing that kind of charade in federal criminal trials is anybody’s guess, but certainly it cannot be found” in the federal rules of evidence.

Justices Sonia Sotomayor and Elena Kagan agreed.

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NC gubernatorial candidate Mark Robinson hospitalized following 'incident' at campaign event

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NC gubernatorial candidate Mark Robinson hospitalized following 'incident' at campaign event

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North Carolina gubernatorial candidate Mark Robinson was hospitalized following an “incident” at a campaign event on Friday evening, Fox News Digital has confirmed. 

It happened while Robinson was attending the Mayberry Truck Show in Mt. Airy, North Carolina. 

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“Lt. Gov. Mark Robinson was treated at Northern Regional Hospital for second-degree burns. He is in good spirits, appreciates the outpouring of well wishes, and is excited to return to the campaign trail as scheduled first thing tomorrow morning,” Mike Lonergan, Robinson’s campaign communications director told Fox News Digital. 

It’s unclear exactly how Robinson was burned.

NC GUBERNATORIAL CANDIDATE MARK ROBINSON HIRES TRUMP-FRIENDLY LAWYER TO INVESTIGATE PORN WEBSITE ALLEGATIONS

North Carolina Lt. Gov. Mark Robinson was hospitalized Friday evening after he was burned at a campaign event, Fox News Digital confirmed. (Andrew Harnik/Getty Images)

Robinson, the current Republican lieutenant governor running against Democratic state Attorney General Josh Stein to replace Democratic Gov. Roy Cooper in the battleground state, was recently accused of making controversial comments on a porn website. 

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Robinson denies the allegations. He hired an attorney who previously worked for former President Trump. The Binnall Law Group from northern Virginia is investigating claims raised in a CNN report published earlier this week. 

“Normally, something like this, an investigation, you know, run by the Department of Justice and the FBI would take months or years,” Binnall previously told Fox News Digital. “We can’t do that in this case because the voters need an answer before the election. And so we are going to move very quickly and still give them a very fulsome report.” 

“He absolutely denies saying any of the things that are in the CNN piece,” Binnall said of Robinson. “What my investigation is going to do is we are going to follow the facts. We are going to investigate this strenuously. We are going to leave no stone unturned. We’re going to be very, very aggressive. And the citizens of North Carolina deserve nothing less than a full investigation of this matter, which is what we are going to do.”

BATTLEGROUND STATE REPUBLICAN DENIES INVOLVEMENT IN PORN SCANDAL, DISMISSES IT AS ‘TABLOID TRASH’

Robinson speaks at Trump event in Asheville

It’s unclear how Robinson was burned. (Grant Baldwin/Getty Images)

The CNN report surfaced comments Robinson allegedly made more than a decade ago on a porn site messaging board, including describing himself as a “black NAZI;” saying he enjoyed transgender pornography; saying that he preferred Hitler to then-President Barack Obama in 2012; and criticizing the late Rev. Martin Luther King Jr. as “worse than a maggot.” 

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Robinson has denied saying those words, but Republicans have begun to distance themselves from the candidate, who, if elected, would be North Carolina’s first Black governor. Trump did not mention Robinson, who he endorsed before the March primary and has spoken at other Trump events, during the Republican presidential nominee’s campaign rally in Wilmington, North Carolina, Saturday. 

Robinson speaks at Asheville Trump rally

The “incident” happened at a campaign event in Mt. Airy, North Carolina. (AP Photo/Matt Rourke, File)

“The allegations against me are outright lies, fabricated to distract voters from Josh Stein’s disastrous record,” Robinson previously said in a statement to Fox News Digital regarding the investigation. “The great people of North Carolina deserve the truth, and I am fully committed to ensuring they get it with complete transparency.”

Fox News Digital’s Danielle Wallace contributed to this report.

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Harris touts 'border security and stability' at Arizona campaign stop

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Harris touts 'border security and stability' at Arizona campaign stop

Amid relentless criticism from former President Trump that she is responsible for out-of-control illegal immigration, Vice President Kamala Harris on Friday made her first visit to the U.S.-Mexico border since 2021, announcing more stringent measures she would take as president to restrict border entry.

“The United States is a sovereign nation, and I believe we have a duty to set rules at our border, and to enforce them,” Harris told a crowd in Douglas, Ariz., gathered in a small auditorium at Cochise College Douglas Campus, where the stage was flanked by large signs that read, “Border security and stability.” “We are also a nation of immigrants. The United States has been enriched by generations of people who have come from every corner of the world to contribute to our country and to become part of the American story.”

Harris said she would go beyond Biden administration policies to further restrict border access outside of official ports of entry.

Earlier in the afternoon, Harris visited a port of entry less than 10 miles from the campaign event. Two Border Patrol agents walked with her along the towering fence, which was built during the Obama administration. Harris later told reporters that she had thanked them for their work.

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“They’ve got a tough job and they need, rightly, support to do their job. They are very dedicated,” she said. “And so I’m here to talk with them about what we can continue to do to support them.”

She advocated for hiring more officers and adding more fentanyl detection systems at border entry points.

“I reject the false choice that suggest we must either choose between securing our border or creating a system of immigration that is safe, orderly and humane,” Harris said. “We can and we must do both.”

Immigration reform has bedeviled presidents of both parties for decades.

A bipartisan proposal earlier this year that combined increased funding for border security and foreign aid for Ukraine appeared to be the first breakthrough until it was derailed when Trump urged Republicans to oppose it.

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Kamala Harris speaks at Cochise College Douglas Campus in Douglas, Ariz., on Friday.

(Carolyn Kaster / Associated Press)

That deal fell short of comprehensive plans discussed for decades that would revamp the asylum system and the legal immigration process and provide a pathway to citizenship for an estimated 11 million people in the country without legal authorization, including those who arrived as children. Harris on Friday mentioned farm workers and immigrants who arrived as children, known as “Dreamers.”

“As president, I will put politics aside to fix our immigration system and find solutions to problems which have persisted for far too long,” Harris said.

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In advance of Harris’ visit to the border, Trump pointed to reports that there are more than 425,000 convicted criminals who are in the country illegally but not detained by federal authorities, according to data provided by Immigration and Customs Enforcement in response to a lawmaker’s request.

That includes more than 13,000 convicted of homicide and more than 15,800 convicted of sexual assault, according to the ICE data shared on X, formerly Twitter, by Rep. Tony Gonzales (R-Texas).

Trump said Thursday that 21 million people entered the country illegally in just the last four years. He framed the bipartisan effort that he helped defeat as “her atrocious border bill.”

“It was not a border bill. It was an amnesty bill … ,” he said at a news conference in Manhattan. “Fortunately Congress was too smart for it.”

The bill would not have provided a path to citizenship for people who lack legal status.

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The GOP nominee’s appearance at Trump Tower was reminiscent of his 2015 campaign announcement there, notably his references to other nations purposefully sending criminals to the United States.

His remarks included multiple falsehoods, such as saying Harris approved a raft of changes to the nation’s immigration policies that as vice president she had no control over, and that she was the Biden administration’s “border czar.” She had been charged with trying to improve conditions in Guatemala, El Salvador and Honduras to stop those nations’ residents from fleeing their homelands.

That assignment has been a political headache for Harris — drawing criticism from the left and right.

In a 2021 visit to Central America, Harris told would-be migrants that they would be deported if they crossed the border, angering allies of immigrants who said they were fleeing poverty, corruption and violence.

“Do not come,” she said at the time. “You will be turned back.”

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On the same trip, Harris laughed off questions in a nationally televised interview about why she had not yet visited the border as vice president, inflaming critics on the right.

Both political parties are hyper-focused on immigration because while the presidential race is very tight in the polling, Trump has a double-digit edge on the issue of border security. That edge has narrowed, however, since President Biden decided not to seek reelection and Harris garnered the support to become the Democratic presidential nominee.

Border stops hit a record in December, with agents making nearly 250,000 arrests. As the political problem raged, Biden signed an order in June to heavily restrict asylum claims, prompting a sharp drop in border encounters, to fewer than 60,000 in July and August.

Republicans have been hammering the issue, with GOP members of Congress filing a resolution that “strongly condemns the Biden Administration and its Border Czar, Kamala Harris’s, failure to secure the United States border” one day after the president announced he would not seek reelection.

While some of the former president and his allies’ claims are demonstrably false and have been denounced by GOP elected officials, such as allegations that Haitian migrants are eating pets in Springfield, Ohio, concerns among some voters about the impact of an insecure border on the economy, crime and the fentanyl crisis are palpable in many communities.

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Friday’s visit was Harris’ second to Arizona since she became the Democratic presidential nominee, according to the Harris-Walz campaign. While Minnesota Gov. Tim Walz, Second Gentleman Doug Emhoff and others have swung through the southwestern battleground state, Harris has focused much of her in-person campaigning in critical states farther east, such as Pennsylvania, Michigan and Georgia.

Hours before the vice president landed in Arizona, Republicans held a press call featuring two mothers whose daughters were raped and killed by immigrants who were in the country illegally and the mother of a teenage son who overdosed on fentanyl. The women lambasted Harris for the administration’s immigration policy and for visiting the border so close to the election.

“I’m trying very hard not to cry. We live 1,800 miles away from the border,” said Patty Morin, the mother of Rachel Morin, a mother of five who was brutally attacked while walking a bucolic and well-traveled public trail in Maryland. Her body was discovered in a drain pipe.

“No one is safe in America, no one is safe. If you have a sanctuary city in your state, you’re not safe,” she said. “They have bused, flown, trained illegal immigrants to literally every nook and cranny and every tiny town in the whole of the United States.”

Such fears are among the reasons the Harris campaign released an ad about immigration in Arizona on Friday, and visited the Southern border less than a month and a half before election day. As vice president, she previously visited the region once in 2021, when she toured the port of entry and border operation in El Paso.

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Mehta reported from Phoenix and Pinho reported from Douglas. Times staff writers Noah Bierman and Andrea Castillo contributed to this report from Washington, D.C.

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3 hackers with ties to Iran indicted in plot against Trump campaign: DOJ

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3 hackers with ties to Iran indicted in plot against Trump campaign: DOJ

Three men connected to Iran have been indicted in relation to a hacking plot against former President Donald Trump’s campaign, the Department of Justice announced Friday.

Masoud Jalili, Seyyed Ali Aghamiri and Yasar Balaghi are the three suspects named in the case, according to a federal indictment unsealed Friday afternoon.

The indictment shows the trio are facing a long list of charges, including: Conspiracy to Obtain Information from a Protected Computer; Defraud and Obtain a Thing of Value; Commit Fraud Involving Authentication Features; Commit Aggravated Identity Theft; Commit Access Device Fraud; and Commit Wire Fraud While Falsely Registering Domains.

DOES IRAN’S HACKING OF THE TRUMP CAMPAIGN PROVE THEY WANT KAMALA HARRIS TO WIN THE ELECTION? EXPERTS WEIGH IN

Three hackers with ties to Iran were indicted by the DOJ. (Background: Reuters)

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The three hackers, who are accused of working for Iran’s Islamic Revolutionary Guard Corps, were allegedly “engaged in a wide-ranging hacking campaign that used spearphishing and social engineering techniques to target and compromise the accounts of current and former U.S. government officials, members of the media, nongovernmental organizations, and individuals associated with U.S. political campaigns.”

Last week, the U.S. revealed the Iranian hackers had obtained information on the Trump campaign and tried to distribute it to people linked to the Biden campaign and media organizations since June. 

IRAN TRIED TO INFLUENCE ELECTION BY SENDING STOLEN MATERIAL FROM TRUMP CAMPAIGN TO BIDEN’S CAMP, FBI SAYS

READ THE FEDERAL INDICTMENT – APP USERS, CLICK HERE: 

The federal government acknowledges that the Trump campaign has been a specific and repeated target of Iran since he ordered the killing of Qasem Soleimani, the former commander of the IRGC Qods Force.

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Trump was briefed Tuesday about “real and specific threats” from Iran to assassinate the Republican presidential candidate, according to his campaign. 

Iran’s aim to assassinate Trump is part of the Islamic Republic’s efforts to “destabilize and sow chaos in the United States,” Trump Campaign Communications Director Steven Cheung said in a press release. 

Iran Trump Netanyahu

Young veiled Iranian schoolgirls perform while an image of former U.S. President Donald Trump and Israeli Prime Minister Benjamin Netanyahu is shown during a ceremony commemorating assassinated Hamas leader Ismail Haniyeh at the Imam Khomeini Grand Mosque in Tehran, Iran. Ismail Haniyeh was killed in his residency in northern Tehran the day after the inauguration ceremony of Iran’s new president, Masoud Pezeshkian.  (Morteza Nikoubazl/NurPhoto via Getty Images)

“Intelligence officials have identified that these continued and coordinated attacks have heightened in the past few months, and law enforcement officials across all agencies are working to ensure President Trump is protected and the election is free from interference,” Cheung said. 

This is a developing story and will be updated. 

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Fox News Digital’s Bradford Betz and Morgan Phillips contributed to this report.

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