mr. scott. >> good afternoon. my name is erik p scott. i have been living in san francisco for over 25 years without a car. the people who are fortunate enough to be able to use private community shuttles made it to work and the rest of us are not so fortunate. muni is essential for many of us and it's essential for me to get to my frequent medical appoints, so get to my pharmacy, to get the medications that keep my heart beating closer to normal. this is life and death. i'm not exaggerating all that month. for the driver's who showed up for work, [inaudible], that's japanese for thank you. for the rest of them, i understand that the cd c said it's epidemic, and some of them call in sick and given that's not the case, and a half and two thirds don't show up for work, i think they're faking it and my advice is fire them. fire them all. and look at expanding alternatives to muni. they're allowing the other public agencies, such as golden gate transit and sam trans to pick up and discharge freely within the city. expand the opportunities tha

sentence for a criminal offense. >> without objection. >> thank you. >> gentleman from virginia, mr. scott. >> thank you, mr. chairman. i ask that the testimony from the robert f. kennedy center for justice and human rights bernard kerik, piper kerman, lamont carrie, anthony pleasant, and reports from the sentencing project, state-level estimates of dellny disenfranchisement in the united states 2010, and from a report from the sentencing project, lifetime of punishment, the impact of felony drug ban on welfare benefits, all be placed in the record. >> without objection. and if there's no further business to come before the task force, without objection, the task force stands adjourned. >> thank you. >>> the supreme court has ruled in a case deal with president obama's freedom to make recess appointments. what did the court decide? tell us about the details of the ruling. >> yeah, essentially they said that president obama overstepped when he appointed three members to the national labor relations board in 2012 while congress or the senate said it was in a recess. basically, the court and

gentleman from virginia, mr. scott. >> thank you. plaintiff heck, ban the box has been mentioned. is that where you have to check off if you've had a felony, does that prohibit an employer from considering on an individualized basis your criminal record? >> what we -- first of all, on behalf of the american bar association, the american bar association has not taken a position on that. i think there are discussions that have to be had on that. i this i we're seeing a lot of problems that are associated with that particular issue. >> the point is, if you don't check off box, it does not subsequently eliminate the employer's consideration of your record but only on an individualized basis and whether or not the record is relevant to the job. mr. jones, do you know, are you familiar with the eeoc guidance on the -- can you say a word about that? >> ban the box, you're absolutely correct, congressman scott. ban the box does not prevent an employer from having an opportunity to review and determine relevancy of a person's criminal record or criminal conviction. all ban the box does is

a complete -- what is going on in our ada transition plan for this year. >> thank you very much, mr. scott. i have comments from co-chair zarda. >> thank you so much john paul scott, this is such a comprehensive and detailed view of all the upcoming construction we can expect and thank for putting it together. i just wanted to ask a few questions and part of this is just so i can learn more about the process and kind of educate myself. so what is the process like? and maybe this is in your area or not for negotiating coverage of project budgets -- sharing between departments? i saw you -- i heard you mention during different construction projects this is being shared with the departments and this one is solely done by the mod. can you share a little more insight how that works? >> part of it is the relationship-building that we do with some of these departments. the one-on-one personal relationships. program access, i can look at my problems in their entirety, move the program as round, be flexible, but we had a good feel as to what was necessary. and plus, we have a main mission of access

throughout the seven years that we revised the rose we strongly recommend this adaptation >> thank you, mr. scott. >> frankly. the rose should not be approved with policy 4.2 it promotes the natural areas for the federal agencies and even private land ordinances that their performer conflict it is a that one it should be considered for the purpose and transferred to the rec and park department for management under the significant matthew management plan. i'm opposed number one the purchase of the land is news. >> have deeply elapsed ecology and what makes effort watersheds work and what makes bio diversity work and keep a sustainable system going. i can tell you what original started out under the investments pushing for bio diversity that was supposed to protect gene pools so it could go back for plant species has moderator both into what can, described as a crazy neurosis in which we seek out vast tracks of vegetation to try to restore them to some pristine condition not 20 thousand years ago because when the indigenous people came they changed the landscape this stuff has become ridiculous and

throughout the seven years that we revised the rose we strongly recommend this adaptation >> thank you, mr. scott. >> frankly. the rose should not be approved with policy 4.2 it promotes the natural areas for the federal agencies and even private land ordinances that their performer conflict it is a that one it should be considered for the purpose and transferred to the rec and park department for management under the significant matthew management plan. i'm opposed number one the purchase of the land is news. >> have deeply elapsed ecology and what makes effort watersheds work and what makes bio diversity work

mr. scott: but i think the simple point here, mr. speaker, is number one, this is just -- this just deals with the registration. prior to 2012, the s.e.c. handled all the r.i.c. now we have caught up in the middle of all of this millions nd millions of pensioners, retirees, people who are getting into the golden years of their lives. my hope is that we can pass this amendment and only -- that only deals with registration. e ranking member has brought up some interesting points. that's why we do have the courts, to settle those, but i think here tonight, we need to think of what this simple amendment does is stop duplicative areas within registration and gives a better hand for our retirees. the chair: the gentleman's time has expired. the gentleman from new jersey has 30 seconds. mr. garrett: thank you. i thank the gentleman from georgia for his support and i yield the remainder of my time to the chairman of the committee and congratulate him for his great work on the legislation. mr. lucas: cftc, when finalizing the rules for regist

mr. scott. mr. heck, the box that you have to check off to have been convicted of anelony, does that prevent employee looking at your criminal record? bar association does not take a position on that. discussions aare that have to be had on that. i think we're seeing a lot of that are associated with that particular issue. if you don'tis, check off the box, it does not eliminate the employer's consideration and if the rell la veep to job.levant to the >> you are correct, congressman scott. it does not prevent an employer from having an employer to and determine relevancy. box does is get the person's foot in the door initially. it allows them to have an opportunity to prove their a job and do inore -- once an employer is a position to think this the jobal is able to do and someone who we would like to employ. the venn a chance to review criminal record and decide if there is enough passage of time to determine it is not a factor. they have the opportunity to person'sevaluate the record. so ban the b

i agree with mr. scott basically but i want to see >> i'll be happy to take a look at this i think this is largely a policy matter for the board but i'll come with the information about the mou dead and . >> within the assigned of my voice i'll request when you do could be with a conceptual commentary on this matter we'll request the representative of the d hr department of human resources be present so we might be able to further inquire their understanding of what is expected in this regard i request that under the director that has direct contact. >> and commissioners francisco'sier the d h.r. descendent on this item they're not setting united states us up they were cognizant of the increased work and it was special and if we have had to do this with all 60 i'm not sorry you need a whole different department. >> the ash traitor bieptd us and this was imposed by the ash traitor. >> it was imposed. >> yeah. through the binding process. i'm asking we get a complete assessment of the process as well as the m

mr. scott: i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the chair recognizes the gentleman from michigan. mr. huizenga: with that i'd just like to again congratulate delegate faleomavaega for his leadership on this and am glad that we could get this done and with that i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the question is, will the house suspend the rules and pass the bill, h.r. 1679, as amended. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed and, without objection, the motion to reconsider is laid upon the ble. the speaker pro tempore: without objection, the title is amended. for what purpose does does the gentleman from south carolina seek recognition? mr. duncan: i move the house suspend the rules and pass h.r. 4228. the clerk: to improve discipline accountability an

scott return to st. louis, they had two children, both daughters. after a time, dr. emerson passed away. mrs. emerson was asked by the scotts whether they might be able to purchase their freedom from her. it was something, especially in urban slavery that wasn't that unusual. she refused. she was not interested in selling the scott family. so they decided based on the fact that they were still being held as slaves and held in bondage to sue for their freedom. they entered this courthouse in 1846. it one had their own petition. it wasn't just dred, it was dred and harriet. the case came to trial here in this building in 1847. there was hearsay evidence introduced. it was a mistrial. they lost the first trial and they asked for another trial which the judge granted. they were able to present the evidence successfully and the jury of all white male, 12 white males, probably some of them slave owners decided that dred and harriet scott should be free. the verdict that was rendered was to give them their freedom. mrs. emerson didn't agree and she appealed the decision to the state supreme court, wh

mr. sanchez. >> thank you scott sanchez mr. foreman a little bit of braungd the bay shore in the zoning district, llc the previous 2012 permit was submitted in may of 2012 the neighborhood productive was conducted and the appellant filed a discretionary review permit on that application it's my understanding think the dr requester the materials he stated his opposition to the roof-deck and proposed elimination i quote the elimination felt roof-deck is for cold temperatures and because of noise and partying and fire pits that could further block light the planning commission concerned those arguments and took discretionary review they asked for the property line be

. >> i'm going to allow mr. scott and allow him to continue. thank you for your patience. the gentleman is recognized. >> thank you. mr. homan does any law change that created the situation we are in? >> weblog are you referring to sir? >> we have a new situation and that because of a change in law or a change in circumstances? the children are showing up. >> the law does not change. >> okay. now when a child shows up and is apprehended, what sanctions as the law now provides? >> when the child is apprehended by the border patrol they process the child and identify the child. if they identify the child is being unaccompanied which means not in the residence of a parent her legal guardian than either border patrol or i.c.e. will contact health and human services and advise them that we have an unaccompanied alien child. we have 72 hours to turn them over to the custody of all our our. my office part of the act requires that i.c.e. transfer that child from cdp custody to a bed identified by h. h. s.. not only is it in the tv rap that we are required to do that a lot but also

. >> the chair recognizes the gentleman from west virginia, mr. scott for five minutes. >> thank you, mr. chairman. and welcome. when employers try to get background information for perspective employee, we've heard complaints that the information is incomplete. people lose the opportunity for jobs because of the information that's not complete. what is the fbi doing to upgrade the information? >> this is information in our databases? >> some of it is in your database. some in the state's. a lot of times the disposition of a case is not included. so it looks like it may have been a conviction, but you don't know. if you can get back to me -- >> i don't know enough to answer right here. >> okay. sex trafficking. if a 40-year-old has sex with a 14-year-old, that's rape. is the crime diminished because it's paid for? >> is it diminished because it's paid for? >> right. >> the child is still violated. >> is the fbi now recognizing such encounters as rape and investigating and bringing prosecutions for cases as rape? >> i think so. >> does the fbi have a pro

the chair now recognizes the gentleman from georgia, mr. scott. >> thank you. over here, mr. lee. thank you and welcome. i think you are doing a fantastic job but i want to first of all ask for a little help that you could give for me and my constituents in georgia. you are from a with the hardest hit program, your program, thanks to the hard work of this committee. and i would deeply appreciate if you could assist us. we've got an issue in which my state was about a year late in getting this money out to help the hardest hit. subsequent to that we have unleashed or unloaded a number of veterans who happens to be one of the fastest-growing groups of the homeless. and that's because they are coming home and the houses are being foreclosed on and mortgaged. so within the next couple of months, in august they're putting a big event together down in atlanta. in order to get moving on this, your predecessor, mr. tim geithner, and the assistant treasury secretary under whose started this was was -- who did excellent work. but, unfortunately, both of them have gone. so what we need is ju

mr. sanchez >> thank you scott sanchez planning department i don't see a permit from 2010 the first permit is from 2012 the neighborhood verification goes to owners and couldn't and provides 2011 plans based on the dr application in their dr application they clearly state their opposition is to the roof-deck i'll say during the 2013 dr they filed it in response to the dr notification based on the roof-deck had there been no roof doishg deck on the plans during the dr their won't have westbound opposition. in regards to the other issues the roof-deck is set back 50 feet with regards to bay electricity its a fairly wide street in san francisco and 6 million hull owe traffic and approximately 70 feet wide to the buildings across the street it's significant in san francisco. and again yeah. i think the height issue that was raised the building is not above the height but this is not above the height limit is follows the grade that is an up stepping lot the deck is well within the height limit we don't have height limits on trees so they can plant a redwood or anything allowed on the planning c

mr. sanchez >> scott sanchez planning department we've had a few formula retail items before this board this is a fairly unique case to be brought before the board as a reminder of the many of the facts in this case the flying building permit that releases the suspension of was issued on january 13th ever this year that permit was issued in error two facts related to the youth size prospered was required to cu and could be formula retail and would require a cu for that. we spent the permit on january 22nd, 2014, for those reasons and on february 7th the h f realized the suspension requests on the same day filed a discretionary review regarding the issues we've identified. we had the board of appeals hearing on march 14 and no members of the public to speaker but the appellant argued they were in appliance with the public utilities controls the board determined they were in compliance with the use controls because we incorrectly calculated the size of the proposed areas for one area devoted to bathrooms and especially held they were formula retail use i've provided use for the trademark and t

we will start with our ranking member, mr. scott. >> thank you, mr. chairman, and thank you to the members of them for taking time and investing your time and helping us have a clear path forward on improving our tourism, our economy and perhaps improving a reputation as well. ambassador bond, a question for you. fy '14 of corporations over a requirement for the state department to compile videoconferencing technologies, future technology would allow states to conduct these interviews remotely and provide convenient solution for foreign travelers with limited access to u.s. consulate or can you please give us an update on the status of the pilot program and how effective you think it's been so far? >> thank you, senator. the. of consular affairs is concerned to look into whether they give could be incorporated into visa processing. we understand the allure and the attraction of the interviewing idea. we have serious concerns about the security, efficiency and integrity of videoconferencing, video interviewing. we believe that expanding the pool of low

mr. scott: mr. speaker, i move the house do now adjourn. the speaker pro tempore: the question is on the motion to adjourn. those in favor say aye. those opposed, no. the ayes have it. the motion is adopted. accordingly, the house stands adjourned until 11:30 a.m. on monday next. "washington journal. host: back with senator ron johnson of wisconsin, sits on the foreign relations and homeland security committee. i want to get back to iraq and homeland security threats. if we could begin with where we started with our viewers, speaker boehner's decision to sue the president of executive action, do you agree? hast: it is sad that it come to this point. i have my own lawsuit against president obama because he is basically governing through unilateral executive fiat. he is changing loss. there is nothing that gives the president any power to change, amend, or appeal laws. the president is supposed to faithfully execute the laws, he is simply not doing that. it is not just conservative republicans that have busy point. self-described liberal prof

review component of dred scott and said in effect you know that decision was a terrible one for poor mr scott but it doesn't apply to anybody else and i am going to emancipate all the rest of the slaves judicial review really went on steroids in the twentieth century particular during the presidency of f.d.r. although we slowed it down a little bit nine hundred thirty seven by threatening to use article three section two to regulate the court by adding more members to it and judicial review became particularly toxic in the one nine hundred seventy s. after lewis powell you know the infamous paul memo was paul after he was put on the bench by richard nixon paul pushed through the idea that money is protected by the first amendment as if it were speech and in our political and our electoral system over to billionaires and corporations in the buckley viva laodicea the grandson of that decision citizens united versus f.e.c. has done perhaps irreparable harm to our republic. and none of these concepts have ever been legislated or even debated on the floor of the house or so. now the supreme court

mr. scott: our enemies run in fear from it and quite honestly i think it's the best money we can spend in protecting our troops while they're on the ground. the a-10 is the most effective aircraft for close air support. we need it for the missions we're in now, we're going to need it for the missions tomorrow and with that i yield back the balance of my time. mrs. miller: mr. chairman, at this time i would yield one minute to the gentleman from utah who has very personal experience with the ability of the a-10. the chair: the gentleman from utah is recognized for one minute. >> i'd like to thank the gentlelady for giving me one minute to speak on this. i was an air force pilot for 14 years. mr. stewart: i flew and exercised with the a-10's all the time. i also flew for seven years with b-1. we were tasked with this mission of close air support. i'm not here because i have these in my district, i'm here because i realize what an invaluable resource this is. close air support is an incredibly del

mrs. coretta scott king. they were my friends.s is the second congressional gold medal for dr. king and his wife. their first was awarded back in 2004. now, the ceremony was truly touching, but there was a moment that went viral. leaders who spend much of their time fighting, here yesterday hand in hand, swaying side to side and singing in a bipartisan rendition of "we shall overcome." >>> now let's head to the late-nights to "the daily show" where jon stewart and a little fun with the controversy surrounding the irs and those e-mails that were conveniently lost. check it out. >> the irs has historically only preserved backup tapes for six months. >> all right. the government agency whose entire business model relies on forcing americans to live as borderline hoarders only keeps their [ bleep ] for six months? no. that's unacceptable. you know, you never -- you never get a notice from the irs saying please bring your records down to us if you can find them. i mean, this is like in the epa was dumping its office track in the nation

we'll start with ranking member scott. >> thank you mr. scottand the rest of the panel for investing your time to help us with a clear path forward on our tourism and our economy. ambassador bond a quick question for you. our fyprovisions included a requirement from the state department to pilot esa videoconferencing technology. the secure technology would allow the state to conduct visa interviews remotely and provide a convenient solution for foreign travelers with limited access to the u.s. consulate. can you please give us an update on the status of this product and how effective you think it's been so far? >> thank you senator. the bureau of consular affairs is content to look into whether video could be incorporated into visa processing. we understand the allure and the attraction of the video interviewing idea. we have serious concerns about the security, efficiency and integrity of videoconferencing, video interviewing. we believe that expanding the pool of low-risk travelers who do not require an interview at all will realize far greate

. >> mr. scott. >> thank you, mr. chairman. secretary hagel, at the start of the committee you made a statement that said the justice department said the president has constitutional authority to essentially do this deal and ignore the 30-day requirement in the law in this case. is that -- did i hear that correctly? >> someone asked the question i think on what basis the president made a decision and what authority he had. i think my response was -- >> very similar to that. >> could we get a copy of the letter from the justice department that says that the president had that authority? >> sir, we received a request for that and we're taking that back. it's not entirely within our control. >> thank you. and i look forward to see you that. mr. preston, you're an attorney from yale and harvard. which provision of the constitution would allow the president to ignore the law? >> the president has authority under article 2 and has a duty and responsibility to exercise that authority. it is not a matter of ignoring the law, it is wher

. >> mr. scott. >> thank you, mr. chairman. secretary hagel, at the start of the committee you made a statement that said the justice department said the president has constitutional authority to essentially do this deal and ignore the 30-day requirement in the law in this case. is that --dy hear that correctly? >> someone asked the question i think on what basis the president made a decision and what authority he had. i think my response was -- >> very similar to that. >> could we get a copy of the letter from the justice department that says that the president had that authority? >> sir, we received a request for that and we're taking that back. it's not entirely within our control. >> thank you. and i look forward to see you that. mr. prescott, you are an attorney. yale and harvard. which provision of the constitution would allow the president to ignore the law? >> the president has authority under article 2 and has a duty and responsibility to exercise that authority. it is not a matter of ignoring the law, it is where the

. >> the time is expired and recognizes the gentle and from georgia mr. scott five minutes. >> i think you are giving a doia fantastic job. i want to first of all ask for help for my constituents in georgia. i would deeply appreciate if you could assist us. we have an issue in which the state was about a year late in getting this money out to help the hardest hit. a number of veterans who happens to be one of the fastest growing groups. their houses are being foreclosed on and their mortgages. in the next couple of months in august we are living in an eve event. in order to get moving on this, your predecessor and the assistant treasury secretary under who started this who did excellent work but unfortunately both of them have gone. so we need a nice calm down to department of community affairs thanking them for moving but reminding them that because. just they call down would be very helpful to department of community affairs asking if there is any assistance the treasury can give them because if it were not for ten geithner coming down to light a fire down in

. >> the chair now recognizes the gentleman from georgia, mr. scott. >> thank you very much, mr. chairman. this has indeed been a very, very interesting hearing, a very important one, let me say at the outs outset, that atlanta is the world's busiest airport, and i always like to tell people whenever you lan at the airport in atlanta, you los angeles in congressman david scott's district, so i say welcome to that. certainly welcome to you, mr. anderson. now, i have listened to this discussion with a very jaundiced air s i don't see where the success and the movement followed of the xm bank is not mutually -- is mutually exclusive to addressing the concerns of our airlines. i would like to see the committee, mr. chairman, give some very thoughtful -- we have a very talented, skillful committee. it seems to me that we ought to be able to address these concerns, narrowly focused on what mr. anderson and captain mark are saying, without interfering with the forward progress and very basic need that the xm bank hats provided for small businesses that mr. wilburn has done. there may be

the chair now recognizes the gentleman from jorgeorgia, mr. scott. >> thank you mr. chairman. in this morning's hearing, the chairman of delta airlines and the palace associations made some very salient points. i think this. we've got to move the xm bank forward. it helps small businesses. it creates jobs. i believe we can do this as well as address those concerns. so, i know that you know exactly what they are but from what the testimony said this morning, chairman of delta airlines mr. anderson and the head of the pil pilot's association both made these points that unless there is a level playing field and the exercise of one particular aspect of what you do, which is the financing of these wide body aircraft that puts our airline industry in the united states at a competitive disadvantage with foreign airlines who are able to get these wide bodied aircraft, flying these international routes that are very, very profitable. so if -- you can see the concerns that delta airlines has and the pilot and airline industry has because quite honestly unless we do something to address

the chair now recognizes the gentleman from georgia, mr. scott. >> thank you very much, mr. chairman. this has indeed been a very, very interesting hearing. a very important one. let me say at the outset that atlanta is the world's busiest airport. i always like to tell people that whenever you land at the airport in atlanta, you land in congressman david scott's district. so i say welcome to that. certainly welcome to you, mr. anderson. now, i've listened to this discussion with a very john tised air, and i don't see where the success and the movement forward of the xm bank is not mutually -- is mutually exclusive to addressing the concerns of our airlines. i would like to see the committee, mr. chairman, give some very thoughtful -- we have a very talented, we have a very skillful committee. and it seems to me that we ought to be able to address these concerns narrowly focused on what mr. anderson and captain moak are saying without into fearing with the forward progress and the very basic need that the bank has provided for small businesses that mr. wilburn has done. ther

the chair now recognizes the gentleman from jorgeorgia, mr. scott. >> thank you mr. chairman. in this morning's hearing, the chairman of delta airlines and the palace associations made some very salient points. i think this. we've got to move the xm bank forward. it helps small businesses. it creates jobs. i believe we can do this as well as address those concerns. so, i know that you know exactly what they are but from what the testimony said this morning, chairman of delta airlines mr. anderson and the head of the pil pilot's association both made these points that unless there is a level playing field and the exercise of one particular aspect of what you do, which is the financing of these wide body aircraft that puts our airline industry in the united states at a competitive disadvantage with foreign airlines who are able to get these wide bodied aircraft, flying these international routes that are very, very profitable. so if -- you can see the concerns that delta airlines has and the pilot and airline industry has because quite honestly unless we do something to address

. >> finally, mr. scott they lick. -- balin. >> happy birthday, sir. bacco and health policy consultant. >> yes, mr. chairman, members of the committee come and thank you for the opportunity to be here. i have spent much of my professional career dedicated to working in the public health arena, and in particular, tobacco and nicotine area. worked for the heart association for many years. so i have been around for a long time. so i also feel the age. i come here today to give you my thoughts on issues being raised in the hearing as well as unrelated issues. some of those have come up or on what is a very dynamic, mostly charged and rapidly changing environment. this includes the broad topics of how all tobacco and nicotine should be regulated including advertising and marketing. i and many others, including the director of the fda center for tobacco products legally or in a new era, a sort of evolutionary next stage looking to develop a more comprehensive rational and workable approach to regulation of all tobacco and nicotine products. this next stage c

. >>> i'm going to recognize mr. scott and allow him to continue. thank you for your patience. gentleman is recognized. >> thank you. has any law changed that creates the situation you are in. >> has any law change? >> was that a change in the law or change in circumstances? i mean the children are showing up. >> law has not changed. >> okay. when a child shows up and is apprehended, what sanction does the law now provide? >> when the child is apprehended by the border patrol, they process the child, documentation, identify the child. if they identify that child being unaccompanied, not in the presence of a parent or legal guardian, then either border patrol or i.c.e. will contact health and human services and advise them we have an unaccompanied alien child. we have 72 hours to turn them over to the custody of orr. my office per the trafficking protection act requires that i.c.e. transfer that child to a bed identified by hhs. not only is it within the tbpra that we are required to do that by law, also in my appropriations. i'm appropriated for the transportation of aliens, wh

mrs. coretta scott king gave their lives. let's not just honor those that do good deeds.. let's legislate them. let us link arms in a way that some things are both partisan bickering. when we see that then we shall overcome. thanks for watching. i'm al sharpton. "hardball" starts right now. >>> a bridge too far. let's play "hardball.." >>> good evening. i chris matthews in wash. let me start with governor christie's problems. it's getting hot. prosecutors in manhattan have zeroed in on a securities fraud case involving new jersey raising money under the name of the port authority and spending it on a state road project. if proven reportses suggest it could constitute a felony against who in the