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Illinois Becomes First State to End Cash Bail After Supreme Court Ruling

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Illinois is on track to make history as it becomes the first state in the nation to abolish cash bail after the state Supreme Court upheld a landmark law. The highest court of Illinois stated that it did not violate the state’s constitution, according to reports from Fox News. 

The decision comes after legal challenges from prosecutors and sheriffs in multiple counties argued that the law was unconstitutional, posed risks to public safety, and jeopardized law enforcement. However, the state’s highest court overturned the previous ruling, allowing the provision in the SAFE-T Act to take effect.

Effective from September 18, the new law will eliminate the requirement for suspects charged with crimes to pay bail in order to be released from jail while awaiting trial. However, individuals considered a threat to public safety or at risk of fleeing can still be required to remain in custody, according to reports.

Furthermore, while other states have implemented reforms limiting the use of cash bail, Illinois is expected to be the first state to completely eliminate it.

The states Supreme Court highlighted in the ruling that the Illinois Constitution does not mandate that monetary bail is the sole means to ensure defendants’ appearance in court or to protect the public. Justice Mary Jane Theis, in writing the opinion, emphasized the need to strike a balance between the rights of defendants and the rights of crime victims. The pretrial release provisions of the SAFE-T Act were deemed to align with this constitutional balance.

Governor J.B. Pritzker, a Democrat, signed the SAFE-T Act into law last year and expressed his satisfaction with the Supreme Court’s decision. He stated that the ruling allows for historic reform in determining pretrial detainment based on the individual’s risk to the community rather than their financial resources.

Critics of the law argue that such significant changes should be decided by voters through a ballot measure and voice concerns that suspects will be released back onto the streets following arrests and charges, potentially compromising public safety.

Despite the defeat in the court ruling, opponents of the law, such as Kankakee County State’s Attorney Jim Rowe, remain steadfast in their beliefs. Rowe, who sued to overturn the law, stressed the importance of the people having a voice in constitutional amendments through the power of their vote and being governed by a government accountable to the citizens.

However, the implementation of the SAFE-T Act signifies a major shift in Illinois’ criminal justice system.

Follow Alexander Carter on Twitter @AlexCarterDC for more!

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Israel

Military was prepared to deploy to Gaza to rescue U.S. hostages

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The Washington Post released an in-depth report on the intelligence support the United States has provided Israel during its war with Hamas. The assistance has not only helped to find and rescue hostages, but the Post writes it has “also raised concerns about the use of sensitive information.”

The United States provided some of the intelligence used to locate and eventually rescue four Israeli hostages last week, The Post has reported. The information, which included overhead imagery, appears to have been secondary to what Israel collected on its own ahead of the operation, which resulted in the deaths of more than 270 Palestinians, according to Gaza health officials, making it one of the deadliest single events in the eight-month-old war.

Sullivan, the White House national security adviser, stressed that U.S. forces did not participate in the mission to rescue the four hostages. “There were no U.S. forces, no U.S. boots on the ground involved in this operation. We did not participate militarily in this operation,” Sullivan told CNN’s “State of the Union” on Sunday. He noted that “we have generally provided support to the [Israel Defense Forces] so that we can try to get all of the hostages home, including the American hostages who are still being held.”

One critical piece of information from The Post involves a “canceled” U.S. mission to rescue eight Americans:

In October, JSOC forces in the region were prepared to deploy in Gaza to rescue U.S. citizens that Hamas was holding, said current and former U.S. officials familiar with planning for what would have been an exceptionally dangerous mission.

“If we managed to unilaterally get information that we could act on, and we thought we could actually get U.S. people out alive, we could act, but there was genuinely very little information specifically about U.S. hostages,” one official said.

However, the intelligence-sharing relationship between the United States and Israel is not without scrutiny and concern. The Post reports:

In interviews, Israeli officials said they were grateful for the U.S. assistance, which in some cases has given the Israelis unique capabilities they lacked before Hamas’s surprise cross-border attacks. But they also were defensive about their own spying prowess, insisting that the United States was, for the most part, not giving them anything they couldn’t obtain themselves. That position can be hard to square with the obvious failures of the Israeli intelligence apparatus to detect and respond to the warning signs of Hamas’s planning.

The U.S.-Israel partnership is, at times, tense. Some U.S. officials have been frustrated by Israel’s demand for more intelligence, which they said is insatiable and occasionally relies on flawed assumptions that the United States might be holding back some information.

In a briefing with reporters at the White House last month, national security adviser Jake Sullivan said Washington “has provided an intense range of assets and capabilities and expertise.” Responding to a May 11 Washington Post report, Sullivan said that the intelligence is “not tied or conditioned on anything else. It is not limited. We are not holding anything back. We are providing every asset, every tool, every capability,” Sullivan said.

Other officials, including lawmakers on Capitol Hill, worry that intelligence the United States provides could be making its way into the repositories of data that Israeli military forces use to conduct airstrikes or other military operations, and that Washington has no effective means of monitoring how Israel uses the U.S. information.

The Biden administration has forbidden Israel from using any U.S.-supplied intelligence to target regular Hamas fighters in military operations. The intelligence is only to be used for locating the hostages, eight of whom have U.S. citizenship, as well as the top leadership of Hamas — including Yehiya Sinwar, the alleged architect of the Oct. 7 attacks, and Mohammed Deif, the commander of Hamas’s military wing. The State Department in 2015 designated both men as terrorists. Three of the eight U.S. hostages have been confirmed dead, and their bodies are still being held in Gaza, according to Israeli officials.

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