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CBS Sunday Morning / Jane Pauley
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September 27, 2020 2:04 pm

CBS Sunday Morning,

CBS Sunday Morning / Jane Pauley

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September 27, 2020 2:04 pm

Ted Koppel examines the controversy over qualified immunity, which shields police officers from civil lawsuits in many cases. Luke Burbank interviews comic actor Jim Belushi, who has a found a new role as a cannabis farmer. Nancy Giles finds out why an old-time craze, roller skating, is on a roll. And Mo Rocca witnesses some of the contraptions built by families in lockdown for this year’s Rube Goldberg Machine Contest.

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Pres. Trump yesterday announced his pick to succeed Justice Ruth Bader Ginsburg on the Supreme Court reader braver will have the latest on that in just a few minutes the nomination comes against the backdrop of sometimes violent encounters between police and civilians, including last week in Louisville six months after the fatal shooting of Breanna Taylor which raises a question showed a controversy illegal principal leave police officers largely shielded from lawsuits over wrongdoing.

Our Ted Koppel looks for answers on with this picture like to write her the wrong go read about to your job when you sue the cops claim something called qualified immunity will explain coming up on Sunday morning. Mariah Carey is a legend of popular music with a story of triumph over adversity. She's only now ready to share in full riot. Carey has had a number one hit 19 times your due those high notes come from now. I have always had a raspy voice for me it's like playing an instrument, so it's fun. I want to know Mariah legions of cooped up fun seekers are on a roll these days as Nancy Giles will show us grace from the past is hot again in 2023 dammit liberating fine on the streets or in an old-school rank. Why fear about working truck room and she skated her white rollerskating is back in style. I head on Sunday morning. Susan Spencer shows us a new sculpture of Jackie Robinson now standing tall. Luke Burbank is in conversation with actor and cannabis farmer Jim Belushi Moraga talks with the winners of the Rube Goldberg contraption competition plus author Jonathan Alter on a turning point in the life of Pres. Jimmy Carter and campaign commentary from John Dickerson on this first Sunday morning of autumn September 27, 2020 will be right back. Pres. Trump yesterday nominated federal judge Amy Cody Barrett to fill the Supreme Court vacancy left by the death of Justice Ruth Bader Ginsburg reader. Braver, has more on the nominee and the confirmation fight ahead, judge Amy Cody Barrett, president maybe show last evening, Amy Cody Barrett is his nominee for the US Supreme Court.

She is a woman of unparalleled achievement towering intellect Sterling credentials and unyielding loyalty to the Constitution. I would discharge the judicial which requires me to administer justice without respect to persons, equal rights to the poor and rich and faithfully and impartially discharge my duties under the United States Constitution is currently a federal judge living in South Bend, Indiana. Married to a lawyer.

She is the mother of seven children, one of them with special needs and two adopted for me after Notre Dame Law school. She closed for the late Justice Antonin Scalia conservative whose philosophy she shares both supporters and opponents of abortion rights predict that Barrett could cement a conservative majority that would overturn the landmark decision in Roe versus Wade and Democrats are claiming it shall help strike down the affordable care act and more Senate Democratic leader Charles Schumer just about everything that America believes in and stands for when it comes to issues like healthcare and labor rights in LGBT Q rights and women's rights. Judge Barrett stands against all Mitch McConnell lost Pres. Obama for naming justice in an election year run about almost smaller on the floor.

McConnell says he will get Pres. Holmes confirmed with just 37 days, 20, 20 election. Is it fair that police officers are shielded from certain lawsuits because of a little-known legal doctrine or is that she'll sometimes more like a loophole. Our cover story is from Senior contributor Ted Koppel 911 recording of their undercover officer. There, plated, Paris. This phone call was clearly made. The video will show no care, literally assaulting undercover cops are shirtless, is your equipment shall split shows social which was back in 2014 in Grand Rapids, Michigan James King just have the stuffing knocked out of them because one of the cops high bit officer on the arm because the chokehold blacked out and when I came to others. The only thing I could do to save my life at the time when the you let go eventually, but then he stated the punch me in the head until I couldn't move anymore. Which brings us toward may be you central argument for legal doctrine known as qualified immunity. You don't want law enforcement officers taking down a potentially dangerous suspect worrying about the possibility of a civil lawsuit allergic: 6.2 was general counsel for the Massachusetts Chiefs of police Association for more than 40 years, it comes down to police officers. They tell me why is that I have to make this quick decision is the best information I have later on, somebody finds that I made a mistake, I may lose my house. My pension James King and the actual suspect didn't really look much alike will mistakes do happen, make it more than five steps. I will tackle dreams can tell you all about you was working two jobs back in 2014 and was on his way from one to the other two gentlemen scruffy looking guys backwards TO me and said hey were you and him. James what's up what's going on in the first guy asking was that your real name. I said will for such my real name and the other guy stole my wallet out of my pocket. James confirms that the vegans around their necks, so they were fake. They were checking for his idea when one of them took his wallet. That was the moment where I thought I was being mugged and I turned to Ron fight ensued that I started to yell for the police but as a consequence of your fighting back against what you think is mugging you are no accused of assaulting a police officer I did for for nine months felt like I was living in a nightmare and unsure of whether or not I was going to go to prison for a crime that I didn't commit.

James King was lucky lucky earpieces because he is white by criminal trial attorney at one of the first things he said to me after I told him what happened.

He looked me in the eyes and he said if you were black. They would've killed. I knew he meant and that has always stuck with me.

So to repeat James was lucky because he is not be after legal proceedings that dragged on for many months. The jury found him not guilty of assaulting a police officer I spoke with my criminal attorney if you told me this thing happens more than you would hope and most of the people that try to fight these things don't win many people that have had happened to them what happened to me there in jail right now. Or worse, but what about the arrest shift. All of this in motion couldn't James soon law enforcement for damages really occurred and he did an attorneys for the cops invoked qualified immunity.

John Collins provides legal advice to police agencies. Most cops, but frankly don't think about qualified immunity.

They have no idea what it's about, and they just know that basically, by and large what I make a mistake about it soon, and have my house taken, and in fact in James King's case, the district court determined that the officers were entitled to qualified immunity because given the circumstances your actions were reasonable. That decision was appealed and overturn the case is now awaiting further direction from the Supreme Court again.

This is been going on for six years. Chinese West's case is been going on just about that law several years back.

She returned to the house she was renting near Boise, Idaho to find the police waiting. Let me know they were looking for a suspect's Fabian Salinas which is my children's father I had let them know that he was there earlier, grabbing his belongings but that I was unsure if he was in the home at the time they then asked me if they could enter the home to get Fabian your permission to get his eyebrows in Brandon, the threatened me saying that I can be charged with felony harboring a fugitive for the rest yes, but instead of opening the door, perhaps risking the life of police officer they call the SWAT team in one of the SWAT team ultimately do they shot tear gas into my home through the front and also the back of the home. They destroyed windows, doors and officer fell through a crawlspace.

They just ransacked my home and destroyed it and left it police could have used the key inferences suspect they were looking for wasn't in the house there was a dog so police did hear movement news, meanwhile, was home. We stayed at my grandmother's for two weeks and then from there we were kind of just with family members from couch to couch Chinese to police invoked qualified immunity.

Their argument has certain bizarre portraiture worked by giving police the keys to her house is in effect consented to whatever action police took to search the house for the suspect lower court wasn't buying that argument, but an appeals court did the defendants exceed the scope of consent by using tear gas and causing damage to plaintiffs property answer that question is no Supreme Court has declined to hear the case.

So Chinese it appears is out of legal options and out of luck. Confusing and sometimes infuriating UCLA law professor Dresdner Schwartz would argue that qualified immunity is also unnecessary when I look at almost 1200 cases were filed around the country. I found that a small proportion of those cases less than 4% were actually dismissed because of qualified and unity qualified immunity flips the usual way of thinking about things on its head.

That's attorney Robert McNamara uses at the Institute for Justice, a nonprofit law firm that represented Chinese West and James King. Qualified immunity explains can also apply when there is no previous court ruling on the case exactly like the one you're arguing. What that means is that government officials have free reign to violate your rights as long as they managed to violate your rights in a way that nobody ever thought of before.

To George Floyd's family. For example if they were to ask for any damages from the city, in theory at least, qualified immunity could be invoked. That's absolutely right. The question asked in that case will not be whether it was right or wrong for those officers to act as they did. The question is as odious as it seems, is actually going to be for purposes of qualified immunity.

Whether the jurisdiction already has cases about kneeling on someone's neck and exactly how many seconds to be officer in the earlier case Neil on someone's neck that's one enormously powerful argument against qualified immunity: the rage argument. More to the point if George Floyd's family gets a large financial settlement most likely will be the individual cops who pay qualified immunity uses. Prof. Schwartz is necessary to protect the police officials and other defenders of qualified to talking points repeatedly in defending the doctrine that officers will be bankrupted if immunity goes away good officers to make reasonable mistakes will be found liable and neither of those things are true because officers virtually never pay as a consequence of indemnification agreement case and earlier this month's the city of Louisville, Kentucky agreed to pay $12 million to the family of Breanna Taylor who were shot and killed by police in her home.

None of that money will be paid by the officers involved. This is intelligence matters with former acting Dir. of the CIA.

Michael Morel bridge Colby is cofounder and principal of the Marathon initiative project focused on developing strategies to prepare the United States for an era of sustained great power competition states put mind to something, we can usually figure it out what people are saying and what we can know analytically and empirically as our strategic situation or military situations not being matched up with follow. Intelligence matters where ever you get your podcasts Dr. great Jackie Robinson will be standing tall.

Once a new sculpture in the works is completed. Susan Spencer now with the story of a homerun handshake. Jackie Robinson's first Brooklyn Dodgers Montréal minor league team was a game changer. What happened next was astonishing. This is been called the handshake of the century sounds a little dramatic. Do you think that's overstating what we have other important hand fix internationally and here at home, but this was a harbinger of the civil rights movement to come. Robinson of course would go on to be a civil rights advocate. After finishing his Hall of Fame baseball career. It was April 18, 1946. His debut as the only black man to play in an all white league. They want to fail to fail so no surprise as baseball fan Mark Mellon that the other players didn't even acknowledge Robinson's first homer all saved the next batter up George shotgun shoe. If you look at the photographs you can see the joy of the moment even think black white as George was known to say later life. I would've shaken his hand if he was technicolor Mellon, also a world renowned sculptor has studied every minute detail of those photos as he works on a 7 foot tall statue of the handshake. You have captured both the athleticism and the joy when you see it outdoors with the sun shining to just make you smile when it's finished the bronze statue will stand in this part, in Youngstown, Ohio, George Cuba's hometown at the time for sugar. This would have been something of a risk right with his teammates. I would think so. He may have gotten some jaded looks in terms of what you doing what you think he did it have to do that. I think he did it because it was the right thing to do. Washington, a businessman in the Youngstown area is a cochair of the statue committee you been involved in a lot of charitable things. What was it, particularly about this one that made you want to support it.

Jackie Robinson.. Jackie Robinson Washington himself played on the World Series winning Oakland A's in 1974 for him.

This is personal.

Someone had to be first.

Someone had to stand in the gap and take some unbelievable punishments and cruelty so that the next person may not have to endure as much. What would life been like for Jackie Robinson. At that time.

I can't even begin to wrap my head around the weight that he must've head on his shoulders, not just for himself personally, but all people of color.

This had been unbelievably painful. There are times when it was very painful and particularly when you're being attacked and you can't respond to beautiful that your wedding day. Jackie Robinson's widow, Rachel spoke with CBS Sunday morning in 2013 let we worried about for pictures with relative head.

I waited that in getting her and with good reason.

Robinson routinely received death threats and felt like it with death against the world. It was in that atmosphere that George Cuba just did what came naturally. People have to remember that George didn't ask to be batter up and he did not know Jack was going to hit a home run. He always taught me as a young kid if you ever put on the spot. Just do the right thing and everything will work out fine. She was son Mike says that handshake photo was such a treasured keepsake. His dad displayed in the family living room until the day he died. This was long before the civil rights movement before Rosa Parks in that context. Some people might think a very brave thing to do.

I agree with you. Yes, other members of the team. Some players didn't even want to bet after Jackie there were other players to the refuse to be teammates with Jack. It's so sad to see that both the George and Jack became friends and they showed America that America was maturing. Hope this statue says to say the father with this kid who walks into the park. Two years from now and looks up and sees. I hope the father is able to explain to the kid what the statue represents and how in that child's lifetime. Hopefully racism and bigotry one exist. Everything about is uplifting. There is the dark back story of why is this so significant but it's America emerging from the war, from a time of segregation with the realization that we can be better realization as simple as reaching out a hand to see accomplished. Now cultivating a whole new field of endeavor.

He's in conversation with our Luke Burbank. This year has been yet again historically grim when it comes to wildfires burning in the western US in Oregon alone at least 10 people lost their lives, tens of thousands were evacuated and over a million acres burned. The devastation is that it's a strange look at your graveyard. Of the many people affected.

There was one that you might not of expected actor involution fired way up the hill so we use the supposed to pose the house down pose the grass holes and feel about people who want to break Belushi lives along the rogue River point boric, a place he first visited some 10 years ago on a family vacation. One day I went to the river skinny-dipping so he bought an old Elks Lodge picnic ground built a house built a sweat lodge or yeah like I'm like a little sermon and eventually bought the neighboring farm, which is when things got a little trip, a lot of marijuana, that's right Belushi started a cannabis, all of which is being documented on a new reality.

Growing Belushi discovery go away with my right I am so obsessed with like talking right now my eyes are watching for swirls go forth these pests.

The plants this might work doing battle with mother nature. Belushi is involved in every step of the way the green house there is no drying room to finish product total dog walker and he dotes on the ladybugs that eat the ends little ladybug I level and personify names and play music form and I believe if you love them, they will move on to the world of love others and help them. This is a sick evil. You can tell because the leave if you're wondering where this Hollywood actor got his work ethic. It was from washing dishes at his father's restaurant. The Belushi's lived in Wheaton, Illinois. They were some of the only Albanian immigrants I would let my friends come in the house because you smell liver and onions cut just so it went outside to be right out. Jimmy, as he was known then grew up in the very large shadow of his older brother, John Belushi, John look like Dustin Hoffman, the graduate senior pictures that honor society prom king for no waiting for me so I was the star criminal start troublemaker was on probation for me the gym was in buyer to try acting after watching his brother perform at second city and live gets dressed as Jim Belushi was working his way up the comedy ladder you can guess what I am now John had become arguably one of the biggest stars in the world is then marked my committee to comedy actor John Belushi died today. Los Angeles John Belushi was 33. Part of it was not just losing a sibling losing a sibling family select grenade in the family.

Danny Aykroyd famously said that if your brother had been a pothead might still be alive. General Jimmy about Jenny was applauded still be alive today. Let me be thankful that she set me on the stern face in the nearly a decade. John Belushi's passing actually been Jim Belushi become the huge star hanging out on the help but think that it might be this role of cannabis farm. That's the one he was born to play and one that might help with the past in the past. Beautiful thing about farming is in the ground under the sun, and it just to literally ground to Belushi. These cannabis plants have become almost like family family that came within 3 miles of burning to the ground. I love that. So when he got an opportunity last responders inspires free lunch jumped at the chance not only important in yourself and align being online help his community and will continue to help rebuild. Thank you so much. In a world where most inventors strive to create ever quicker or efficient machines modern day acolytes of the late Rube Goldberg stand proudly apart as maracas shows us all. Over the past six so many have strived to make themselves useful themselves to building something useless, which is one way of describing Goldberg machine. It's an overly complicated machine that is a very simple task, hopefully humorous way. Jennifer George is the granddaughter of Ruth Goldberg, the Pulitzer prize-winning cartoonist who drew these imaginary comic contraptions Jumped on mouse lighted candle which ignites and sets off opening very, very simple. She oversees his legacy and runs annual Goldberg machine competitions like the one he visited in Columbus Ohio seven years each year. There's a different challenge.

14 before the pandemic said and what is going to be this year's turn off the light and little did I know how prophetic it would be by March.

Everything was so she moved the contest online with a new challenge, you your entire family meeting to take the risk of fire, so challenge 20 step recovered machine someone's hand.

It was very clear to me that his schools were shutting down we had to provide something find distraction family could get involved in good clean pandemic fighting fund response was global we got just shy of 450 submission 12 different countries. 39 different it was more successful than we ever imagined people writing really help them get through this. Warranty taking the grand prize.

The round family of Toronto.

I want to see the trophy being trophy fitting for an epic of an apparatus that stretched every floor there. How we spent up there video so you can see the plan was to go all the way and live as for their inspiration will form any gain was the way to Goldberg and what was a fascinating that it was it was a game. No point New Yorker writer Wrote the preface to the art of Rube Goldberg has a love hate relationship with the game to build the dam machine so you could watch the whole thing interactive was a very good reputation of the essence of Goldberg's which is elaborate machinations in no particular point pointlessness that serve an important purpose of these families test Chad and their dad Brian Silverman set up shop in their Maryland basement will and the animal award is in recognition of wonder mom Leslie was glad to be less involved in that she wasn't dead by their work, you find certain things disappearing Goldberg subculture has its own culture heroes Joseph these YouTube sensation Joseph when I watch videos I mean suspense is a common, my gall brain is the way does more than just left my contest finalists take Hausman and his son.

Lincoln built their gizmo right here on earth in Brooklyn to be exact. How many times did it take to get it right hundred only one is a lot of life lessons in this key. Jennifer George sees another lesson in the continuing legacy of her grandfather something controllable. We can build a recovered machine. The virus may be raging outside of our front door inside we got this covered the new season is upon us. The ideal time to check up on contributor Josh Seth tell. And of course his mother to clap to sync up the cameras you feel.

And Ruth Bader working working out with my trainer keeping me moving really wants you think you're really what would you do screen. Have you heard about all the parties, going to college is to is reporting more than 400 cases.

I think grandma was a really cute guy now terrible thing you think about your daughter's the college where he would you go on a date only now work anyway you give out candy to anybody recording to cover your well how does it make you feel really looking like when you're five. Are you following Pres. Trump and Joe Biden campaign trap. What advice you have for people vote early Thanksgiving is. Maybe there will be less arguments though this year for people appreciate great couple of friends to come over Randall letter we wish to touch her little cheeks, I'm Jane Polly. Please join us when our trumpet sounds again next Sunday morning all my I want to tell you about our new shout and each episode, weekly gas, and other quirky find inspiring and informative stories that exist because well maybe you do to newest interior design trend Barbie car to the right and wrong way to wash her also getting the things that you just kind of well probably not able to do in daytime television so watch out. Tristan is ever you get your podcast on the