Tag: requirement

  • WA Democrats reportedly block move to nix 48-hour scholastic assault reporting requirement

    WA Democrats reportedly block move to nix 48-hour scholastic assault reporting requirement

    A new Washington state bill characterized as a repeal of the state’s Parents Bill of Rights now includes a provision allowing information to be essentially withheld from parents regarding assaults of their children for up to 48 hours.

    State Sen. Claire Wilson, D-Federal Way, attested to the Washington State Standard the bill overall “doesn’t change any rights” and is a “cleanup bill” that updates health privacy provisions to align with current law.

    In a House Education Committee hearing this week, one lawmaker unsuccessfully attempted to undo the 48-hour rule and require immediate parental notification.

    “The underlying bill essentially states that schools can wait 48 hours before they tell parents if their children were involved in any kind of criminal action or if there was any sexual misconduct of staff,” said state Rep. Travis Couture, R-Shelton.

    WASHINGTON STATE PROPOSES PROTECTIONS FOR UNEMPLOYED ILLEGAL IMMIGRANTS

    “And we have seen a stunning amount of sexual misconduct and sexual assaults by educators in our schools just in the last year itself.”

    He cited reports that two principals in the Vancouver, Wash., area “hid information” from parents on sexual misconduct against a teen.

    “As a parent myself, I would be disgusted and sickened to know if my kids had some kind of sexual abuse put upon them by staff, and I wasn’t notified immediately of those things. . . . For God’s sake, vote yes [on the amendment].”

    But Democrat Lillian Ortiz-Self argued that as a school guidance counselor, she was trained in how to best deal with such situations.

    “It’s very clear that we take direction from law enforcement and from the Department of Children and Family Services whenever there’s a crime that has taken place and that we must sit here and give them the time to do the investigation so that justice can be served. Our role in the schools is to support the child and support the parents,” said Ortiz-Self, of Mukilteo.

    WASHINGTON STATE DEMOCRATS ACCIDENTALLY EMAIL THEIR ‘RADICAL’ TAX PLAN TO ENTIRE SENATE

    Ortiz-Self said authorities must not have their investigations “impeded,” to which KTTH commentator Jason Rantz reacted incredulously in a column.

    “She didn’t say, most likely because it’s a completely contrived concern,” he wrote.

    Couture’s amendment to ensure immediate parental notification failed in an ensuing voice vote, with House Education Committee chairwoman Sharon Tomiko-Santos, D-Seattle, voting “nay” and deeming the vote unsuccessful.

    Following Couture’s attempt to undo the change, another committee member raised a new amendment regarding parental notification if they are accused of a crime and have “more than just a meet and greet with a police officer.”

    “We just heard if law enforcement are involved, parents should be involved as well. They should have the bare minimum of a notification when it comes to law enforcement questioning a child,” said state Rep. Matt Marshall, R-Roy.

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    “There are just certain protections that are afforded to all of us as members of society given by our Constitution. And one of them is the right to legal protection. And we’re innocent until proven guilty. If parents aren’t even involved, then children are potentially not aware of their rights. If they’re being questioned, who’s to say what they’re going to admit to when they’re being accused of a crime?”

    Marshall later said committee Democrats rejected two dozen Republican amendments in what he called a “blatant disregard for parents’ rights” and children’s safety.

    “[This is] further proof that Dems care more about their woke agenda than protecting our kids,” he said.

  • Legal experts say Kash Patel’s opposition to warrant requirement is not a major split

    Legal experts say Kash Patel’s opposition to warrant requirement is not a major split

    Kash Patel, President Donald Trump’s pick for FBI director, claimed Thursday that he won’t stand for federal law enforcement needing a warrant for surveillance in some scenarios because it’s plainly impractical in real-time practices. Despite lawmakers’ surprise at his opposition, legal experts say his take is far from unusual within the law enforcement arena.

    Patel was peppered with questions Thursday on a provision called Section 702 of the Foreign Intelligence Surveillance Act. When asked if he believed that a warrant requirement is “practical and workable or even a necessary element of 702,” Patel said he had issues with “those that have been in government service and abused it in the past.” Patel said that because of the viability of abuse, “we must work with Congress to provide the protections necessary for American citizens dealing with these matters.”

    “Having a warrant requirement to go through that information in real time is just not comported with the requirement to protect American citizenry,” Patel said during his Senate hearing. “I’m all open to working with Congress on finding a better way forward. But right now, these improvements that you’ve made go a long way.”

    4 OF THE BIGGEST CLASHES BETWEEN PATEL, SENATE DEMS AT HIS CONFIRMATION HEARING

    “The fact that the soon-to-be head of the nation’s, sort of, top law enforcement agency takes the position that is favored by law enforcement shouldn’t surprise anybody,” former assistant district attorney and criminal defense attorney Phil Holloway told Fox News Digital. 

    “When Mr. Patel answered the question the way that he did, that answer is adverse to the public positions taken by lawmakers on both sides of the aisle.” 

    Patel, throughout his testimony, emphasized his interest in working with Congress if he were to head the FBI.

    President Donald Trump’s pick to head the FBI, Kash Patel, indicated during his Senate hearing on Thursday that while FISA’s Section 702 can be used appropriately, a warrant requirement can be impractical in real-time.  (AP)

    “Some lawmakers have absolutely called for the necessity of a warrant in these situations. And so it makes sense that the senators would ask the nominee to run the FBI whether or not he has an opinion on it,” Holloway continued. “But, ultimately, it’s not his call.”

    KASH PATEL HAMMERS ‘GROTESQUE MISCHARACTERIZATIONS’ FROM DEMS AMID FIERY FBI CONFIRMATION HEARING

    “I’ve always thought that there’s a middle ground here where you don’t have to. And I think there are some situations that warrant a warrant and deserve a warrantless search,” Palm Beach County, Fla., state attorney Dave Aronberg told Fox News Digital. “And I think Patel’s remarks show that he thinks the same way.”

    Aronberg noted that under U.S. law, there is a warrant exception under exigent circumstances, i.e. emergency situations, where it is impractical to obtain a warrant. 

    Kash Patel

    Kash Patel was peppered with questions Thursday on a provision called Section 702 of the Foreign Intelligence Surveillance Act. (Getty Images)

    “What Kash Patel is saying is that there may be some situations that may be in that gray area where you shouldn’t have to get a warrant,” Aronberg said. “And I am encouraged by his comments because I do think that law enforcement needs flexibility when it comes to national security matters, especially with the very real threat of terrorism here on our shores.”

    KASH PATEL FLIPS SCRIPT ON DEM SENATOR AFTER BEING GRILLED ON J6 PARDONS: ‘BRUTAL REALITY CHECK’

    Congress voted to pass a renewal of FISA’s Section 702 last April. The legislation serves as a governmental tool in gathering intelligence on foreign subjects using the compelled assistance of electronic communication service providers. 

    If the renewal had not been passed, the expiration would have meant companies would not be forced to comply with the government’s requests for surveillance aid under the bill. 

    Kash Patel Donald Trump split

    Kash Patel and President Donald Trump. (Getty Images)

    Without the FISA section’s reauthorization, the government would be required to seek a warrant to compel any such assistance, which is a process that can span extended periods of time. 

    Earlier this month, a federal district court ruled that the federal government had violated the Fourth Amendment when it searched the communications of an Albanian citizen residing in the U.S. at the time of his arrest without a warrant. The information had been collected under FISA’s Section 702. 

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    “The individual rights of people in the United States under our Constitution come first,” Holloway said. “So having constitutional requirements that sort of frustrate or perhaps slow down law enforcement, this is a tension that is not new at all. And so what we’re seeing is this playing out.”

    Fox News Digital’s Liz Elkind and Julia Johnson contributed to this report.