Wednesday, October 13, 2021

The living dead: retro computers brought back to life

08 October 2021

Not all 'zombies' are monsters. In the hands of skillful computer enthusiasts, a long-dead vintage machine can come back to life in all its former glory.

There are at least a couple of generations to whom computers are no longer a tool but a fond memory. This admiration for retro computers, digital machines made in the '70s through '90s, has many ways to manifest.

Some, for example, scour movies and shows, looking for all the devices that appeared on screen, immortalizing forgotten machines for future generations. Others view old devices as a decent source of income or even an investment. Find a legendary machine like the first Apple computer in your attic, and you might find yourself a millionaire.

Hobbyists, however, enjoy the thrill of seeing a working machine being brought back to life in the 21st century. A subreddit favored by the group, Retro Battlestations, increased from 28,000 to 65,600 from 2018 till now, signaling ever-growing interest in the 'nostalgia-tech.'

"I've always felt like part of the 'nostalgia computer' goes back to the days being able to buy and repair a Trash-80 or a Macintosh SE, or an Apple II or a Commodore 64, Vic 20, those kinds of machines," Charles Edge, a veteran computer scientist, and computer historian told CyberNews in an interview.

Some hobbyists, however, take the tinkering bit to a different level, embarking on a journey to renovate an old device. That means not only getting the machine to start but refurbishing it to close-to-mint condition using various tools and techniques.

We've dug through countless Reddit posts on vintage computer enthusiasts renovating old computers and selected the top few for you to scroll through.

IBM PS/2 35SX

Restored IBM 35SX — A fully restored 1992 IBM 35SX.

Reddit user TheRealShyzah restored a 1992 IBM35SX personal computer. Even though the device itself is not as old, the state it was in was truly desperate. The shape device was found in can be seen in the title image of this article.

According to the post's author, several devices were found in an abandoned mental hospital in California. The machines were dusty, some of the front parts of the PC case were missing.

It’s a sight that seems to signal that the computer ought to be binned. However, TheRealShyzah fully restored the device not only to be in operational condition but to look nice.

TDP System 100

An offshoot of the 1980 Color Computer by the legendary Tandy Corporation, TDP System 100 was released in 1982 to be sold in non-Tandy stores. In every other aspect, the TDP System 100 was identical to the TRS-80 CoCo device.

Reddit user Jonny_Swanny restored the TDP System 100 to mint condition. The computer is also fitted with the Realistic 5" monochrome Portavision device with a screen so tiny that many have smartphones with greater diameter.

Commodore PET 2001

A proud member of the ‘1977 Trinity,' the Commodore PET is a legendary computer with a major impact on personal computing and popular culture. Interesting, since the initial design heavily relied on pop culture references.

The name of the computer was meant to be futuristic. Three letters and four digits somewhat resembled HAL 9000, a computer from Stanley Kubricks' ‘2001: A Space Odyssey. More attentive enthusiasts can't help but see the similarities between the HAL 9000's keyboard and what Commodore used on PET 2001.

Reddit user Amazingprojectionist restored the PET 2001 to almost perfect condition. To fix the corrosion, the case was sandblasted and powder coated to return a smooth look for the device. According to the author of the post, he not only restored the case of the device but also fixed the 40-year-old machine to boot.

Olivetti Quaderno PT-XT-20

One of the first notebooks, a portable computer weighing under 3kg, the Quaderno PT-XT-20 was released in 1992 by the Italian computer manufacturer Olivetti. Reddit user EkriirkE embarked on a long journey to restore the designer computer to an almost mint working condition.

"Initially, only the HDD would spin up, but the unit was otherwise dead and unresponsive," he wrote in a post explaining the process.

To achieve his goal, EkriirkE disassembled the device, gave it a good wash, engineered the HDD back to life, replaced the drive belt, refurbished the screws, and reassembled everything to get a fully working machine.

Grid GridCase 3

A close descendant of the pioneering laptop Grid Compass, the GridCase was released in 1985 to serve as an even more rugged device than its predecessors.

The earlier Grid devices were the very first to employ the clamshell (flat screen covering the keyboard) design, defining how laptops will look for decades to come. Grid computers were particularly liked by NASA, several of the devices used in the Shuttle missions.

A Reddit user CB_HK completely polished an updated device of 30 years of age to look as pristine as it was at the moment of shipping.

Packard Bell PC

At their peak, the Packard Bell were among the best-selling IBM clones in the market. In its mid-90s heyday, Packard Bell was among the leaders in the US market in terms of units sold. To prosperity, however, was short lasted, ending with the dawn of a new century.

A computer restoration enthusiast, ravenshaddows, took one of the early '00s Packard Bells in an appalling shape and completely remade the device to look as fresh as possible. According to him, the PC frame was sanded to remove the rust and repainted several times.

IRIS Indigo

Released in 1991, the Indigo was among the most capable graphics workstations of its time, leading the market in 3D graphics rendering.

For eight years, from 1995 till 2002, all films nominated for an Academy Award for Distinguished Achievement in Visual Effects were created by the Silicon Graphics computer systems, the company behind the IRIS Indigo.

The photo of the IRIS Indigo in this article shows a complete restoration of the device and the photographic style of the early '90s. Another restoration project by the Reddit user CB_HK shows a completely refurbished Indigo in a working condition.

Europol takes down cybercriminals who made millions from online investment scams

by Edvardas Mikalauskas

13 October 2021

An October 6 operation carried out by a joint group of multiple law enforcement and judicial agencies from Bulgaria, Cyprus, Germany, the Netherlands, and Ukraine led to the takedown of an organized cybercrime network involved in binary fraud.

According to the findings of the cross-border investigation, the criminals used 250 fake domains and social media accounts, as well as two call centers, to trick German investors into buying fake binary options - a type of options contract where the chance of a payout depends on the outcome of a bet.

With close to 100 call center operators in Bulgaria posing as financial advisors, the group managed to steal over €15 million over two years.

“To undertake the scam, the call center employees had scripts containing predefined conversations and key messaging to convince clients to release more funds. However, a subsequent investigation suggests that most of the employees were not aware that the company they were working for was involved in a fraud scheme,” Europol said in a statement.

According to Europol, the cybercriminals encouraged their victims to invest large sums of money into the scam by showing initial profits in the user interface of the fake trading platform. Unsurprisingly, the investors couldn’t withdraw any ‘winnings’ from the scam website.

So far, the cross-border investigation has led to 246 criminal proceedings in 15 German federal states. In addition, the law enforcement authorities conducted 6 house searches, 17 interrogations, seizures of electronic equipment, bank accounts, and data backups, as well as the arrest of a “high-value target” in Cyprus.

During the operation, Europol deployed six experts to Bulgaria, Cyprus, and Ukraine to “cross-check operational information in real-time against Europol’s databases.” The experts also provided technical expertise to local law enforcement in order to “enable the extraction of information from mobile devices and IT infrastructure.

Incident Response to Cyberattacks Take Over Two Working Days, According to Latest Industry Survey

Response time is a critical factor causing a majority (87 percent) of industry professionals to believe that it is not possible to fully prevent ransomware and malware attacks.

October 13, 2021 07:00 AM Eastern Daylight Time

NEW YORK--(BUSINESS WIRE)--Deep Instinct, the first company to build a purpose-built deep learning framework for cybersecurity, today released the second edition of its bi-annual Voice of SecOps Report. This latest survey follows its initial report from July 2021, which found that 83 percent of cybersecurity professionals were dissatisfied with current EPP and EDR solutions and feel that they deserve better.

“Ransomware and malware attacks aren’t going away anytime soon. That’s why organizations need to better position themselves to combat potential threats with a pre-execution, prevention-first approach”
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The average global response to a cyberattack was found to be 20.9 hours—more than two “working” days. Given the lag time that security teams often face when responding to an attack, survey respondents were uncertain whether it is possible to prevent the constant waves of attacks from cybercriminals. In addition, security operations professionals cite threats from within as a persistent issue; 86 percent do not have confidence that their fellow employees will not click on malicious links, easily allowing threats into an environment and initiating an attack or breach.

SOC Security Challenges
Exposure to ransomware and other malware is far from fixed, but there are plenty of other key challenges that security professionals continue to face as well.

Concerns about addressing cyberattacks:
- The lack of threat prevention specific to never-before-seen malware (44%) is a top concern.
- Hidden persistence, whereby threat actors discreetly maintain long-term access to systems despite disruptions such as restarts or changed credentials, is the most feared tactic used by attackers to launch large-scale attacks (40%).
- Lack of qualified SecOps staff (35%) causes challenges for incident response, especially amongst those working in healthcare (52%) and the public sector (55%).

Complete endpoint security coverage remains elusive:
- Nearly all of those surveyed (99%) believe they don’t have every endpoint in their company secured by at least one agent.
- One-third (32%) of respondents claim that every endpoint has the same level of protection, with a majority of 60% claiming they are unable to consistently block threats across endpoints.

Cloud storage and malicious file challenges:
- Files stored in the cloud are an unchecked vulnerability for 80% of respondents.
- 68% of respondents had some concern with fellow employees unwittingly uploading malicious files and compromising environments.

“Ransomware and malware attacks aren’t going away anytime soon. That’s why organizations need to better position themselves to combat potential threats with a pre-execution, prevention-first approach,” said Guy Caspi, CEO of Deep Instinct. “The survey findings shed light on the multiple challenges that security teams face on a daily basis and provides insights into the serious needs that the industry needs to address. This research exposes gaps in organizations’ security posture, including a lack of full coverage on the endpoint, exposure in cloud storage, and malicious file uploads by internal sources into production systems.”

The Cybersecurity War: A New Hope
There is optimism on the horizon amongst security professionals, especially those in the technology and financial services sectors. Respondents in the tech space were optimistic about efforts to combat cyber threats and twice as likely as those in other sectors to believe that prevention of all malware is possible.

The financial services industry is at the head of the pack when it comes to incident response time, responding to incidents nearly four hours sooner than counterparts in other business sectors. Two-thirds (66%) of total respondents believe that it will be possible to prevent all threats from infiltrating their organization’s network in the next two to five years.

Additionally, 59% of those surveyed are optimistic regarding the viability of both prevention (57%) and detection (62%). By automatically detecting and preventing threats, security teams can focus on the most pressing issues versus being inundated with constant alerts.

Survey Methodology
Deep Instinct’s report analyzed feedback from 1,500 senior cybersecurity professionals across 11 key countries that work for businesses with more than 1,000 employees and revenue north of $500M annually. Respondents were found in seven core verticals: financial services, retail and eCommerce, healthcare, manufacturing, the public sector, critical infrastructure, and technology-related businesses.

To access the full Voice of SecOps Report, learn more about the key findings, and view the survey methodology, please visit here.

About Deep Instinct
Deep Instinct takes a prevention-first approach to stopping ransomware and other malware using the world’s first and only purpose-built, deep learning cybersecurity framework. We predict and prevent known, unknown, and zero-day threats in <20 milliseconds, 750X faster than the fastest ransomware can encrypt. Deep Instinct has >99% zero-day accuracy and promises a <0.1% false positive rate. The Deep Instinct Prevention Platform is an essential addition to every security stack—providing complete, multi-layered protection against threats across hybrid environments. For more, visit www.deepinstinct.com.

Crimea ex-prosecutor and manga star named Russian ambassador

Issued on: 13/10/2021

Natalya Poklonskaya (C) is a fan of Russia's last tsar, Nicholas II

Max VETROV AFP/File

Moscow (AFP)

Russia on Wednesday appointed a staunch supporter of Moscow's annexation of Crimea as its ambassador to the Cape Verde Islands, a move observers say shows her fall from the Kremlin's favour.

Natalya Poklonskaya became the top prosecutor for Crimea after breaking with authorities in Kiev following Moscow's takeover of the peninsula from Ukraine in 2014.

Although Poklonskaya was a lawmaker in the lower house for the ruling party between 2016 and 2021, Russian media said the Kremlin did not want her to pursue another term because of her voting record and "extravagant" statements.

Poklonskaya was the only United Russia member to oppose a highly unpopular pension age hike in 2018.

According to a decree from President Vladimir Putin, Poklonskaya, 41, will head Russia's embassy in Cape Verde, a Portuguese-speaking archipelago off the western coast of Africa with a population of around 550,000 people.

In a post on Instagram, Poklonskaya said the appointment was a "great honour and responsibility" for her.

During her tenure as prosecutor, Poklonskaya became Russia's youngest female general at 35 and stood out with her youthful looks and soft voice combined with sometimes uncompromising language.

She gained a huge internet following, especially in Japan, where she became a popular character in anime and manga art.

Her first news conference, where she appeared in a prosecutor's uniform and tie, hit over one million views on YouTube.

She is subject to EU and US sanctions imposed over her involvement in Crimea and the crackdown on Crimean Tatars, a predominantly Muslim ethnic minority that mostly opposed the annexation.

She is also a fan of Russia's last Tsar Nicholas II, who was executed in 1918, and once carried his portrait during a World War II victory parade.

© 2021 AFP

TURN?!! ALWAYS WAS

The sinister story of Kyrsten Sinema's turn to conservatism and political corruption

Thom Hartmann, Independent Media Institute
October 13, 2021

Sen. Kyrsten Sinema (D-AZ) Screengrab.

When Bobby Kennedy went after organized crime in the early 1960s, one of the things he learned was that the Mafia had a series of rituals new members went through to declare their loyalty and promise they'd never turn away from their new benefactors. Once in, they'd be showered with money and protection, but they could never leave and even faced serious problems if they betrayed the syndicate.

Which brings us to the story of Kyrsten Sinema.

For a republican democracy to actually work, average citizens with a passion for making their country better must be able to run for public office without needing wealthy or powerful patrons; this is a concept that dates back to Aristotle's rants on the topic. And Sinema was, in the beginning, just that sort of person. But I'm getting ahead of myself…

After the Nixon and Agnew bribery scandals were fully revealed with a series of congressional investigations leading to Nixon's resignation in 1974, Congress passed and President Jerry Ford signed into law a series of "good government" laws that provided for public funding of elections and strictly limited the role of big money in campaigns.

Just like the 1/6 attack on the Capitol produced a "select" committee to investigate the anti-democracy crimes of Donald Trump and his cronies, Congress authorized the Select Committee on Presidential Campaign Activities to look into Nixon's abuses and make recommendations.

The committee's 100-page report documented how Nixon had taken bribes (most notably $400,000 from ITT to squash an antitrust lawsuit); used "dark" money from wealthy friends and corporations to set up astroturf "citizens committees" (an early version of the Tea Party) to make it appear he had widespread support among the American public; and used off-the-books money to both support loyal Republican politicians whose help he needed as well as to pay for his "opposition research" surveillance which included the Watergate break-in of the DNC's headquarters.

In response to the report, Congress passed an exhaustive set of new laws and regulations, most significantly creating from scratch the Federal Elections Commission (FEC), outlawing secret donations to politicians while providing for public funding of federal elections to diminish the power of big money. (Jimmy Carter was the only presidential candidate to win using such public funding.)

Over the years since, conservatives on the Supreme Court have repeatedly gutted provisions of the 1974 amendments to the Federal Election Campaign Act (FECA), most famously in 2010 with their notorious Citizens United decision.

With that stroke, over the loud objections of the four "liberals" on the Court, corporations were absolutely deemed as "persons" with full constitutional rights, and billionaires or corporations pouring massive amounts of money into campaign coffers was changed from "bribery and political corruption" to an exercise of the constitutionally-protected "right of free speech."

Into this milieu stepped Kyrsten Sinema, running from a seat in the Arizona Senate for the US House of Representatives in 2012 as an "out" bisexual and political progressive. The campaign quickly turned ugly.

Following the Citizens United script, the Republican she confronted in that race (Vernon Parker) used corporate and billionaire money to carpet-bomb their district airwaves with ads calling her "a radical left-wing activist promoting hatred toward our country, our allies, and our families" and warning people that she "engaged in pagan rituals."

The district was heavily Democratic (Obama handily won it that year) but the race was close enough that it took six full days for the AP to call it for Sinema. And that, apparently, was when she decided that if you can only barely beat them, you'd damn well better join them.

Sinema quickly joined other Democrats who'd followed the Citizens United path to the flashing neon lights of big money, joining the so-called "Problem Solvers" caucus that owes its existence in part to the Wall Street-funded front group "No Labels."

Quietly and without fanfare, she began voting with Republicans and the corporate- and billionaire-owned Democrats, supporting efforts to deregulate big banks, "reform" Social Security and Medicare, and make it harder to for government to protect regular investors or even buyers of used cars from being ripped off.

She voted with the Chamber 77 percent of the time in her first term; in return, political networks run by right-wing billionaires and the US Chamber of Commerce showered her with support. In her first re-election race, in 2014, she was one of only five democrats endorsed by the notoriously right-wing Chamber.

She'd proved herself as a "made woman," just like the old mafiosi documented by RFK in the 1960s, willing to do whatever it takes, compromise whatever principles she espoused, to get into and stay in the good graces of the large and well-funded right-wing syndicates unleashed by Citizens United.

So it should surprise precisely nobody that Sinema is parroting the Chamber's and the billionaire network's line that President Joe Biden's Build Back Better plan is too generous in helping and protecting average Americans and too punitive in taxing the morbidly rich. After all, once you're in, you leave at your own considerable peril, even when 70 percent of your state's voters want the bill to pass.

And this is a genuine crisis for America because if President Biden is frustrated in his attempt to pass his Build Back Better legislation (that is overwhelmingly supported by Americans across the political spectrum) — all because business groups, giant corporations and right-wing billionaires are asserting ownership over their two "made" senators — there's a very good chance that today's cynicism and political violence is just a preview of the rest of the decade.

But this isn't as much a story about Sinema as it is about today's larger political dysfunction for which she's become, along with Joe Manchin, a poster child.

Increasingly, because of the Supreme Court's betrayal of American values, it's become impossible for people like the younger Sinema to rise from social worker to the United States Senate without big money behind them. Our media is absolutely unwilling to call this what even Andrew Jackson would have labeled it: political corruption. But that's what it is and it's eating away at our republic like a metastasized cancer.

A guest on Brian Stelter's CNN program yesterday pointed out that there are today more autocracies in the world than democracies and, generally, democracies are on the decline. This corruption of everyday politics by the rich and powerful is how democracies begin the shift to autocracy or oligarchy, as I document in gruesome detail in The Hidden History of American Oligarchy: Reclaiming Our Democracy from the Ruling Class.

While the naked corruption of Sinema and Joe Manchin is a source of outrage for Democrats across America, what's far more important is that it reveals how deep the rot of money in American politics has gone, thanks entirely to a corrupted Supreme Court.

In Justice Stevens' dissent in Citizens United, he pointed out that corporations in their modern form didn't even exist when the Constitution was written in 1787 and got its first ten amendments in 1791, including the First which protects free speech.

"All general business corporation statues appear to date from well after 1800," Stevens pointed out to his conservative colleagues on the Court. "The Framers thus took it as a given that corporations could be comprehensively regulated in the service of the public welfare. Unlike our colleagues, they had little trouble distinguishing corporations from human beings, and when they constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans they had in mind.

"The fact that corporations are different from human beings might seem to need no elaboration, except that the majority opinion almost completely elides it…. Unlike natural persons, corporations have 'limited liability' for their owners and managers, 'perpetual life,' separation of ownership and control, 'and favorable treatment of the accumulation of assets….' Unlike voters in U.S. elections, corporations may be foreign controlled."

Noting that corporations "inescapably structure the life of every citizen," Stevens continued: "It might be added that corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their 'personhood' often serves as a useful legal fiction. But they are not themselves members of 'We the People' by whom and for whom our Constitution was established."

Even worse than the short-term effect of a corporation's dominating an election or a ballot initiative, Stevens said (as if he had a time machine to look at us now), was the fact that corporations corrupting politics would, inevitably, cause average working Americans — the 95 percent who make less than $100,000 a year — to conclude that their "democracy" is now rigged.

The result, Stevens wrote, is that average people would simply stop participating in politics, stop being informed about politics, and stop voting…or become angry and cynical. Our democracy, he suggested, would be immeasurably damaged and ultimately vulnerable to corporate-supported demagogues and oligarchs. Our constitutional republic, if Citizens United stands, could wither and could die.

"In addition to this immediate drowning out of noncorporate voices," Stevens wrote in 2010, "there may be deleterious effects that follow soon thereafter. Corporate 'domination' of electioneering can generate the impression that corporations dominate our democracy.

"When citizens turn on their televisions and radios before an election and hear only corporate electioneering, they may lose faith in their capacity, as citizens, to influence public policy. A Government captured by corporate interests, they may come to believe, will be neither responsive to their needs nor willing to give their views a fair hearing.

"The predictable result is cynicism and disenchantment: an increased perception that large spenders 'call the tune' and a reduced 'willingness of voters to take part in democratic governance.' To the extent that corporations are allowed to exert undue influence in electoral races, the speech of the eventual winners of those races may also be chilled." (Emphasis mine)

As if he were looking at Kyrsten Sinema facing a tough choice about her own political survival leading up to the 2014 election, Stevens added:

"Politicians who fear that a certain corporation can make or break their reelection chances may be cowed into silence about that corporation."

And, again looking into his time machine to today, the now-deceased Stevens pointed to the frustration of average Americans with Kyrsten Sinema and Joe Manchin.

"On a variety of levels, unregulated corporate electioneering might diminish the ability of citizens to 'hold officials accountable to the people,' and disserve the goal of a public debate that is 'uninhibited, robust, and wide-open.'"

Stevens and his fellow "liberals" on the Court were both prescient and right.

They warned in their dissent that foreign money would corrupt our elections and we saw that in a big way in 2016. There's apparently no way of knowing how much of today's political turmoil — from school board to election commission to hospital and airplane violence — is being orchestrated and amplified by foreign players on social media masquerading as Americans to weaken our country.

They warned that because of the Citizens United decision Americans would become cynical and reactionary; that's happening today. Armed militias are in our streets, people are regularly assaulted for their perceived politics, and right-wing media demagogues make millions (literally) promoting hate and fear.

And, they warned, it could doom our republic, something that's now within our sight.

Thom Hartmann is a talk-show host and the author of The Hidden History of American Healthcare and more than 30+ other books in print. He is a writing fellow at the Independent Media Institute and his writings are archived at hartmannreport.com.

This article was produced by Economy for All, a project of the Independent Media Institute.

#NODEATHPENALTY

US Supreme Court considers Boston Marathon bomber death sentence as Biden halts executions

The DOJ wants the death penalty for Dzhokhar Tsarnaev despite the moratorium.

By Devin Dwyer
13 October 2021

The Justice Department on Wednesday will ask the U.S. Supreme Court to reinstate the death sentence for Boston Marathon bomber Dzhokhar Tsarnaev, even as the agency has suspended all federal executions and President Biden has vowed to eliminate capital punishment.

A federal appeals court last year upheld Tsarnaev's conviction for the 2013 attack that killed three and injured more than 200, but it tossed out the jury-recommended execution on the grounds that procedural errors during the sentencing phase compromised his right to a fair and impartial hearing.

The Biden administration calls the case "one of the most important terrorism prosecutions in our nation's history" and plans to argue before the justices that any discrepancies during the process would not have led the jury to select a different sentence and that an execution must go forward.

"It's one thing to say that you're opposed to capital punishment, it's another for the United States Attorney's Office to tell the good people in Boston that you're no longer going to see the death penalty against the Boston Marathon bomber. And, so they didn't," said Jeffrey Wall, the former Trump administration acting solicitor general who first led the appeal to reinstate Tsarnaev's sentence, on why the new administration is continuing to seek death.

The White House would not directly answer when asked by ABC News whether President Joe Biden supports his Justice Department's case and a federal execution of Tsarnaev.
MORE: Biden is pressed to end federal death penalty

FBI via AP, FILE
This file photo released April 19, 2013, by the FBI shows Dzhokhar Tsarnaev

A Biden administration official pointed to a June statement by White House press secretary Jen Psaki that noted Biden's "deep concerns" about capital punishment and belief that "the Department should return to its prior practice, and not carry out executions."

Attorneys for Tsarnaev said their client deserves a new sentencing hearing after an appeals court concluded that the trial judge improperly denied admission of key mitigating evidence and inadequately screened prospective jurors for bias.

The defense said the alleged involvement of Tsarnaev's older brother, Tamerlan, in a 2011 triple homicide in Waltham, Massachusetts, is critical evidence to suggest he -- not Dzhokhar -- was the mastermind of the marathon attack and had previously exerted influence over younger accomplices.

"In 2011, on the tenth anniversary of the September 11 attacks, Tamerlan robbed and murdered a close friend and two others as an act of jihad," Tsarnaev's attorneys write in their brief to the high court. "For Dzhokhar -- a teenager well-liked by teachers and peers, with no history of violence -- the bombings were the culmination of Tamerlan's months-long effort to draw him into extremist violence."

Tamerlan Tsarnaev died shortly after the attack when he was run over by his brother as the two fled from police following a gunfight.

"If you accept the Eighth Amendment principle that somebody pretty much has a right to bring in almost anything that's mitigating … if you don't allow the defendant to bring in this evidence, you've basically deprived him of the only defense against the death penalty he was offering," said Irving Gornstein, director of the Supreme Court Institute at Georgetown University Law Center. "I think that will give [the justices] some pause. Now, enough pause? Probably not. But some pause."

The defense also said the trial judge failed to expose evidence of bias among potential jurors by not asking specifics about pretrial media exposure, including what they had read, heard or seen about Tsarnaev or the Boston Marathon bombing.

Solicitor General Elizabeth Prelogar argues that neither error -- even if undisputed -- would have swayed a jury against death.

Elise Amendola/AP, FILE
Investigators examine the scene of the second bombing outside the Forum Restaurant

"The record definitively demonstrates that respondent was eager to commit his crimes, was untroubled at having ended two lives and devastated many others, and remained proud of his actions even after he had run Tamerlan over and was hiding out alone," the government writes in its brief. "The jury that watched a video of respondent place and detonate a shrapnel bomb just behind a group of children would not have changed its sentencing recommendation based on Tamerlan's supposed involvement in unrelated crimes two years earlier."

MORE: Garland orders halt to any further federal executions

The administration's pursuit of death for Tsarnaev contrasts with President Biden's 2020 campaign promise that he would "work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government's example."

No legislation has been put forward, but in July, Attorney General Merrick Garland ordered a temporary halt to further executions of federal inmates, noting a number of defendants who were later exonerated as well as statistics showing possible discriminatory impact on minorities.

The Supreme Court could reinstate Tsarnaev's death sentence, or it could hand Tsarnaev a chance at a new sentencing hearing, clarifying rules for jury selection and mitigating evidence in death-penalty cases.

ABC News' Sarah Kolinovsky contributed to this report.

QANON GOP REP Lauren Boebert faces protesters as she speaks in the shadow of 'embarrassing' Columbus monument

Sara Wilson, Colorado Newsline
October 12, 2021

Lauren Boebert speaking at a Columbus Day event. (Screenshot)

Rep. Lauren Boebert spoke on Monday morning in the shadow of Colorado's last remaining monument to Christopher Columbus, a sandstone bust that sits in the median of a busy commercial street in Pueblo. The bust has been a political flashpoint as Indigenous activists and the Italian Americans who support the monument are at a stalemate over its future.

While Colorado no longer recognizes Columbus Day, replacing it last year with Frances Xavier Cabrini Day, the Pueblo chapter of the Order Sons and Daughters of Italy in America still held its annual celebration in what they said was a ceremony to honor the cultural and economic contributions Italian immigrants made to the southern Colorado city.

Speakers, including Boebert, lauded Columbus' “discovery" of America that led to European colonization and Westernization of the land already occupied by Indigenous people.

“He was a pioneer, willing to risk the necessary to chase his dreams, which are now our dreams that we get to live out. We would not be here today without that voyage," Boebert said to the crowd of spectators. The Republican represents Pueblo in Colorado's 3rd Congressional District.

The event had a controlled entry, so the dozens of protestors who showed up were stationed a few hundred feet away from the stage, behind barricades and a line of both police officers and hired private security.

“Columbus' voyage was a major step towards establishing America and changing the course of the world," Boebert said. “American exceptionalism is real, and I am darn proud to stand for Old Glory."

Boebert wavered from Columbus within minutes to hit on her usual stump speech talking points: the immigration “crisis" at the border, anti-Biden rhetoric and COVID-19 restrictions. Boebert has not held an in-person town hall in Pueblo since taking office but has appeared at a few private events, such as a fundraising dinner for the local Republican Party.

President Joe Biden proclaimed Monday Indigenous Peoples' Day, the first time a president officially adopted the day to commemorate Indigenous histories and cultures. Some cities, such as Boulder, Aspen, Denver and Durango, also officially recognize Indigenous Peoples' Day. Columbus Day remains a federal holiday.

Patty Corsentino was audibly upset about the congresswoman's remarks and said the event felt more somber than in past years. Corsentino, whose family helped construct the monument and who wants it to remain in place, said that bringing Boebert in detracts from the reason to remember Columbus.

“I'm disappointed because this shouldn't be politicized," she said. “It's about the culture and the history." Corsentino said she comes from a family of Democrats and did not vote for Boebert.

History of opposition in the city

Italian immigrants built Pueblo's Columbus monument in 1905. Many of them moved to town to work for the city's then-bustling steel plant. It sits across from the main branch of the city's library, flanked by flags and a brick wall commemorating significant Italian Americans from Pueblo, including local officials.

Activists have called for the monument's removal for decades, but last year's nationwide protests for social justice reignited the local effort. Opponents of the monument protested at the site consistently all summer, calling the bust a reminder of the nation's violent dislocation and enslavement of Indigenous people.

But as other Columbus statues in the country came down either by force or city action, Pueblo's bust remained standing. Government entities lobbed responsibility in a game of political hot potato.

The city hired an outside mediator in August 2020 to find a resolution, but those talks reached an impasse.

“The other side is camped on believing a misrepresentation of historical events," Jerry Carleo from OSDIA said Monday. “There's not an issue for us. The issue is of poisoned minds on the other side."

Also last year, Pueblo's city council voted against putting a measure on the ballot that would have let voters decide the monument's fate. The issue wasn't even considered this year as ballots were finalized for the consolidated election.

And when the city finally proposed a plan last year to create a plaza with additional statues of Black and Indigenous leaders, the library district's board of trustees voted it down.

The result is a still-simmering conflict with no resolution in sight and no governmental body willing to take responsibility. It means that the first Columbus monument west of the Mississippi River is now one of the few left in the region.

Protests began again earlier this year, and activists from the groups Take it Down Pueblo and Los Brown Berets speak at nearly every city council meeting.

Emily Gradisar, a protester at Monday's ceremony and the niece of Mayor Nick Gradisar, said the inaction is frustrating.

“This statue is embarrassing. It's a shameful thing," she said. “Just because we paid a lot of time and money being stupid about this statue doesn't mean we need to continue." Pueblo's police department has spent over $190,000 in overtime for the officers present at the protests.

“That monument is a travesty," she said.

While opposition to the Columbus monument is percolating in Pueblo once again, there is no formal plan for further mediation talks or action. The November city council elections have the potential to replace five of the seven seats, which could produce the political will to force a decision on whether the bust should stay or go.

Colorado Newsline is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains editorial independence. Contact Editor Quentin Young for questions: info@coloradonewsline.com. Follow Colorado Newsline on Facebook and Twitter.

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