Wednesday, December 26, 2018
Supreme Court rejects Trump plea to enforce asylum ban
A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.
New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.
The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.
Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.
Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”
The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.
Wednesday, December 19, 2018
Colorado baker returns to court over 2nd LGBT bias allegation
Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.
Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."
"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.
State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.
The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.
She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.
Friday, December 14, 2018
The Latest: Macron: No new Brexit accord, ball in UK court
French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.
Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime Minister Theresa May, seeking help from EU leaders to help her sell the deal to skeptical lawmakers.
Macron insisted “there is one accord, the only one possible,” adding “we cannot renegotiate it.” He told reporters that now it’s “the British parliament’s time” to decide whether to accept or reject it.
He said EU leaders are willing to “clarify and discuss” the accord, and said EU leaders at the summit sought to debunk “fantasies” about the so-called backstop for the Irish border.
Romania’s president is stressing how important it is for Romanians and other European Union citizens in the U.K. to have their rights respected after it leaves bloc.
In a meeting with British Prime Minister Theresa May in Brussels, Romanian President Klaus Iohannis said the divorce deal was “important... to guarantee the rights of (Romanians) who live, work or study in Britain.”
Iohannis said all EU citizens living in the U.K. should be treated in a non-discriminatory way, both those currently there and those who move there in the future.
Romania takes over the rotating presidency of the EU on Jan. 1. Britain’s departure from the bloc, scheduled for March 29, occurs on its watch.
Supreme Court won't hear Planned Parenthood case
The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.
Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.
Investigations sparked by the videos in several states didn't result in criminal charges.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.
It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.
Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.
The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.
Tuesday, December 4, 2018
Court could deal blow to porn star, award Trump legal fees
Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim.
The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels.
Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair.
Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man.
She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"
U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said.
Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.
Dutch court rejects man’s request to be 20 years younger
Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69.
A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention.
“Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.”
Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender.
The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.”
Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal.
“This is great!” he said. “The rejection of (the) court is great ... because they give all kinds of angles where we can connect when we go in appeal.”
He said he was the first of “thousands of people who want to change their age.”
The court said it acknowledged “a trend in society for people to feel fit and healthy for longer, but did not regard that as a valid argument for amending a person’s date of birth.”
Ratelband also insisted his case did have parallels with requests for name and gender changes.
Saturday, November 24, 2018
Russian court challenges International Olympic Committee
Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said.
CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure.
"The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned."
The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him.
Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS.
Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back.
Court: Reds exempt from tax on promotional bobbleheads
that “this one belongs to the Reds.”
The state’s high court ruled 5-2 that the Major League Baseball franchise is exempt from paying tax on the purchase of bobbleheads and other promotional items the team offers to ticket buyers.
The opinion written by Justice Patrick Fischer warned that the ruling was specific to the case and might not apply for other sports organizations. But the Department of Taxation’s chief legal counsel, Matt Chafin, said the decision essentially shows professional teams how to avoid the “use tax” on promotional items.
Reds spokesman Rob Butcher said the club is “happy with the outcome,” but is still reviewing the opinion.
The department argued the bobbleheads should be taxed because they’re bought by the Reds as giveaways, not sold with tickets. The Reds argued they’re exempt because they resell the items as part of the ticket package and Ohio law exempts companies from paying tax on items they buy for resale.
Fischer, a Cincinnati resident, led off the opinion with a long summary of Ohio’s role in baseball history beginning in 1869, when the Cincinnati Red Stockings became the first all-professional team. There are references to Hall of Famers from Ohio including players Cy Young, Mike Schmidt and Barry Larkin, to the 1975-76 “Big Red Machine” champions, and firsts such as Larry Doby of the Cleveland Indians becoming the first black American League player and to the first night game being played in Cincinnati.
Then, in explaining the ruling, Fischer wrote that unlike a foul ball or a T-shirt shot into the stands (the Reds use a contraption called “Redzilla” to fire free T-shirts into the crowd) that fans have no expectation of receiving, they buy tickets for games that have been advertised as bobblehead games expecting to get the bobbleheads, which last season included All-Stars Joey Votto and Eugenio Suarez.
After quoting Reds’ broadcaster Marty Brennaman’s signature “this one belongs to the Reds,” Fischer as he neared the opinion’s conclusion also quoted Brennaman’s late broadcasting partner, Joe Nuxhall, saying the justices were “rounding third and heading for home.”
Dissenting Justice Mary DeGenaro wrote that the the Reds were escaping sales tax or use tax on promotional items that generally apply to similar purchases. She pointed out that the Reds often limit the promotional items, such as free to the first 30,000 fans.
Saturday, November 10, 2018
'Magic' campaign lands 17 black women on Houston courts
The Houston area's courts are going to be a lot more diverse thanks to a group of 17 African-American women and their "magic."
The women, who were part of an effort dubbed the "Black Girl Magic" campaign, all won races Tuesday to be judges in various Harris County courts in an election that featured more black women on the county's ballot than any other.
The "Black Girl Magic" campaign debuted over the summer with a viral photo that featured the 17 women and two other sitting Harris County judges inside a courtroom. Although those two judges lost their bids Tuesday for seats on the Texas Court of Criminal Appeals, they will retain their local judgeships.
Those behind the campaign say it was part of an effort to broaden the diversity of the Houston area's judiciary and ensure that more African-Americans and other minorities can bring their backgrounds and life experiences to the bench and better reflect the diversity of the nation's fourth largest city.
"I think that while Houston itself is one of the most diverse cities in the United States, our elected officials have not always reflected that," said Lillie Schechter, chair of the Harris County Democratic Party, which put together the "Black Girl Magic" campaign. "Having a government that reflects the people, the population is something that is incredibly important."
Lori Chambers Gray, a Houston defense attorney who won election to be a judge on a criminal district court, said the photo and the "Black Girls Magic" campaign provided her with a source of strength and motivation as she proceeded to Election Day.
"I hope that it's an example for women that we do have opportunities to run and to win a campaign," Gray said.
The "Black Girl Magic" moniker has been used as a hashtag in recent years to highlight the accomplishments of African-American girls and women. In politics, it's been used to highlight the role African-American women have played in helping decide various races, including the highly contested Senate race in Alabama last year in which Democrat Doug Jones beat Republican Roy Moore.
The victory by the 17 black women on Tuesday was part of a Harris County rout by the Democrats, who won almost all of the nearly 70 local judicial races and ousted a popular Republican from the county's top elected office.
Trump moves to limit asylum; new rules challenged in court
President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court.
Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court. The new regulations are intended to circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country. About 70,000 people per year who enter the country illegally claim asylum, officials said.
“We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris.
The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal.
“The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt.
The litigation also seeks to put the new rules on hold while the case progresses.
The regulations go into effect Saturday. They would be in place for at least three months but could be extended, and don’t affect people already in the country. The Justice Department said in a statement the regulations were lawful.
Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat.
Wednesday, October 31, 2018
Actor John Jarratt appears in Sydney court on rape charge
Australian actor and director John Jarratt appeared in a Sydney court on Tuesday charged with raping a woman 42 years ago.
The 66-year-old actor told the Downing Center Local Court through his lawyer Bryan Wrench on Tuesday that he will deny the charge.
The accuser, now aged 66, told police in December 2017 that Jarratt raped her in the apartment they shared in the Sydney suburb of Randwick in September 1976. Jarratt was charged with one count of rape in August.
Jarratt is best known for his serial-killer character Mick Taylor in the "Wolf Creek" horror movies and television series. He appeared in his first two movies, "The Great Macarthy" and "Picnic at Hanging Rock," in 1975.
It was not immediately clear what sentence Jarratt would face if convicted.
He is expected to formally plead not guilty when he returns to the court for a preliminary hearing on Nov. 29.
Court orders Japan company to pay 4 Koreans for forced labor
In a potentially far-reaching decision, South Korea's Supreme Court ruled that a major Japanese steelmaker should compensate four South Koreans for forced labor during Japan's colonial rule of the Korean Peninsula before the end of World War II.
The long-awaited ruling, delivered Tuesday after more than five years of deliberation at Seoul's top court, could have larger implications for similar lawsuits that are pending in South Korea and will likely trigger a diplomatic row between the Asian U.S. allies.
Japanese Prime Minister Shinzo Abe said Tokyo will respond "resolutely" to the ruling, which he described as "impossible in light of international law." He said the ruling violated a 1965 treaty between Seoul and Tokyo that was accompanied by Japanese payments to restore diplomatic ties. Japanese Foreign Minister Taro Kono said Japan could potentially take the case to the International Court of Justice.
"Today's ruling by the South Korean Supreme Court has one-sidedly and fundamentally damaged the legal foundation of Japan-South Korea relations," Kono said.
South Korean President Moon Jae-in had no immediate reaction to the ruling. South Korean Foreign Ministry spokesman Noh Kyu-duk said Tokyo and Seoul "should gather wisdom" to prevent the ruling from negatively affecting their relations.
The court said Japan's Nippon Steel & Sumitomo Metal Corp. should provide compensation of 100 million won ($87,680) to each of the four plaintiffs, who were forced to work at Japanese steel mills from 1941 to 1943. Among them, only 94-year-old Lee Chun-sik has survived the legal battle, which extended nearly 14 years.
Saturday, October 20, 2018
Court orders some fixes in Texas foster care
A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge.
The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.”
The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.”
But the judges said her order went “well beyond” what’s necessary for constitutional compliance.
So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.
EU court orders Poland to reinstate Supreme Court judges
The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.
The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.
The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."
The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.
Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.
Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.
Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.
Wednesday, October 3, 2018
UN court orders US to lift some Iran sanctions
The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety.
The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply.
Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice.
In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation.
By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested.
The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet.
"This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors."
While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.
Wednesday, September 19, 2018
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Spain rejects extraditing HSBC whistleblower to Switzerland
A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide.
The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015.
A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain.
The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain.
Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time.
Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland.
In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.
Belgian court rules out extradition for Spanish rapper
A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family.
The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium.
"The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent.
Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition.
"I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English."
The ruling could re-ignite tensions between Belgium and Spain over extradition demands.
Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.
Egypt court returns ex-president Mubarak's 2 sons to prison
Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said.
They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media.
The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions.
The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled.
The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule.
The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices.
Saturday, September 8, 2018
UN court hears case over strategic Indian Ocean islands
Officials from the Indian Ocean island nation of Mauritius told United Nations judges Monday that former colonial power Britain strong-armed its leaders half a century ago into giving up territory as a condition of independence, a claim that could have an impact on a strategically important U.S. military base.
Judges at the International Court of Justice began hearing arguments for an advisory opinion the U.N. General Assembly requested on the legality of British sovereignty over the Chagos Islands. The largest island, Diego Garcia, has housed the U.S. base since the 1970s.
"The process of decolonization of Mauritius remains incomplete as a result of the unlawful detachment of an integral part of our territory on the eve of our independence," Mauritius Defense Minister Anerood Jugnauth told judges.
Mauritius argues that the Chagos archipelago was part of its territory since at least the 18th century and taken unlawfully by the U.K. in 1965, three years before the island gained independence. Britain insists it has sovereignty over the archipelago, which it calls the British Indian Ocean Territory.
Jugnauth testified that during independence negotiations, then-British Prime Minister Harold Wilson told Mauritius' leader at the time, Seewoosagur Ramgoolam, that "he and his colleagues could return to Mauritius either with independence or without it and that the best solution for all might be independence and detachment (of the Chagos Islands) by agreement."
Ramgoolam understood Wilson's words "to be in the nature of a threat," Jugnauth said.
British Solicitor General Robert Buckland described the case as essentially a bilateral dispute about sovereignty and urged the court not to issue an advisory opinion.
Chaos marks start of Kavanaugh confirmation hearing
Quarreling and confusion marked the start of the Senate's confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings.
In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a "team player" if confirmed, declaring that he would be a "pro-law judge" who would not decide cases based on his personal views.
But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh's record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee.
"We have not been given an opportunity to have a meaningful hearing on this nominee," said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn.
Grassley denied his request, but the arguments persisted.
More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. "This is a mockery and a travesty of justice," shouted one woman. "Cancel Brett Kavanaugh!"
Grassley defended the document production as the most open in history, saying there was "no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children.
"I'm very honored to be here," Kavanaugh said.
With majority Republicans appearing united, it's doubtful the hearings will affect the eventual confirmation of President Donald Trump's nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections.
Kavanaugh declared he would be even-handed in his approach to the law.
"A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy," Kavanaugh said in prepared opening remarks. "I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge."
"I would always strive to be a team player on the Team of Nine," he added.
The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions.
Wednesday, August 29, 2018
Indian Supreme Court orders house arrest for activists
India's top court ordered Wednesday that five prominent rights activists arrested for alleged Maoist links be kept under house arrest instead of police custody until it rules next week on a petition challenging their detention.
Police, meanwhile, broke up a protest in southern India against the arrests and detained about two dozen people.
Attorney Prashant Bhushan said the court order will prevent police from taking the five to the western city of Pune, where authorities are investigating their alleged links to Maoist rebels in various parts of the country.
The Supreme Court also ordered the federal and state governments to provide detailed reasons for their arrests within three days. It set Sept. 6 for the next hearing in the case.
Those arrested on Tuesday were Telugu-language poet Varavara Rao in Hyderabad, Vernon Gonzalves and Arun Farreira in Mumbai, and Gautam Navalakha and Sudha Bhardwaj in New Delhi and a neighbouring town.
Police accused the five of delivering speeches that triggered protests and violence between low-caste Dalits and right-wing groups near Pune in December.
The government says Maoist rebels, who are active in several states, are India's biggest internal security threat. The rebels, inspired by Chinese revolutionary leader Mao Zedong, have been fighting the government for more than four decades, demanding land and jobs for the poor and indigenous communities.
Sunday, August 19, 2018
California high court rules for immigrant kids in visa fight
The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.
State judges cannot require that children drag an absentee parent living abroad into court in their visa application process, the justices said in a unanimous decision. Immigration rights advocates had warned that such a requirement would make it nearly impossible for the children to fight deportation. That's because courts in California cannot establish authority over a foreign citizen and the parent may want nothing to do with a child claiming abuse, and would refuse to participate in a court proceeding in the U.S., immigration groups said.
The ruling overturned a lower court decision. The California Supreme Court said it was sufficient to adequately notify the absent parent of the court proceedings, but that parent did not have to be a party to the case.
California Attorney General Xavier Becerra said in court documents that the case had implications for a "substantial portion" of the thousands of children who have fled to the U.S. from Central America and Mexico and settled in California. Kristen Jackson, an attorney for the plaintiff in the case, estimated the ruling would affect thousands of children.
Lawyers will seek to shift blame for warehouse fire at trial
Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials.
Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.
Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.
Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.
Alabama Supreme Court won't move lawsuit against Moore
The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago.
The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous."
Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones.
Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election.
Moore sought to have the case heard in Etowah County where he and Corfman both live.
"The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said.
Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery.
Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.
Wednesday, July 25, 2018
12 audio files sent to prosecutors in Michael Cohen probe
A dozen audio recordings seized by the FBI from President Donald Trump's former lawyer, Michael Cohen, were forwarded to federal prosecutors after lawyers dropped challenges on attorney-client privilege grounds, a former judge revealed Monday.
The recordings were among millions of files taken from Cohen in April as part of a criminal probe of his business practices.
Barbara Jones, a court-appointed lawyer and former Manhattan federal judge helping to decide which of the seized files are protected by privilege, said in a court filing that prosecutors received the recordings on Friday after attorneys for Trump, Cohen and the Trump Organization dropped privilege claims.
The same day, Trump attorney Rudy Giuliani said Cohen had recorded a conversation in which the president had discussed a potential payment to squash the story of a former Playboy model who said she had an affair with Trump.
Giuliani said the brief recording shows Trump did nothing wrong.
"The transaction that Michael is talking about on the tape never took place, but what's important is: If it did take place, the president said it has to be done correctly and it has to be done by check" to keep a proper record of it, Giuliani said.
In a weekend tweet, Trump called Cohen's practice of recording conversations "totally unheard of & perhaps illegal."
Attorney Lanny Davis, speaking on Cohen's behalf, has said what is on the tape will not harm Cohen.
Jones has been providing periodic updates on the privilege review of over four million items, mostly electronic, that were found on numerous computer storage devices and cellular phones seized from Cohen.
Court: Release surveillance video in Florida school shooting
An appeals court says news organizations are entitled to obtain surveillance video showing the law enforcement response to the Valentine's Day mass shooting at a Florida high school.
The 4th District Court of Appeal on Wednesday upheld a lower court's ruling that the video is public record that must be disclosed. News organizations including The Associated Press are seeking the video to better understand the actions of law enforcement and first responders during the shooting that killed 17 people at Marjory Stoneman Douglas High School.
Authorities say the school had 70 operating video cameras that day. The media organizations are not seeking any footage depicting the massacre or any victims.
Broward County prosecutors and its school board opposed the video release. Nineteen-year-old Nikolas Cruz faces murder charges in the shooting.
Top court: Social media posts violate no-contact order
Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook.
The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation.
In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections.
"The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk."
Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention.
James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case.
"Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her."
After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation.
Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."
Monday, June 25, 2018
Supreme Court adopts new rules for cell phone tracking
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.
The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.
He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”
The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.
The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.
In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.
Police shooting of boy spurs more protests, appeals
Protesters demonstrated Friday for a third day over the fatal police shooting in Pennsylvania of an unarmed black teen fleeing a traffic stop as they sought to get the attention of a nation engrossed by the immigration debate, and to pressure officials to charge the officer.
Hundreds of marchers chanting "Who did this? The police did this" shut down a Pittsburgh area highway in the early morning hours, and a small group staged a sit-in outside the district attorney's office later in the day.
Demands for answers to why a police officer shot 17-year-old Antwon Rose Jr. seconds after he bolted from a car grew with an emotional speech by state Rep. Jake Wheatley at the state Capitol, and a videotaped appeal by the legislator and two other black Pittsburgh area lawmakers for a "thorough and transparent investigation that builds community."
"My heart is heavy right now," Wheatley said , decrying both Rose's death and the street violence that earlier in the week left a young rapper dead. "We cannot casually keep closing our eyes and ears to the fact there's a group of people whose lives seemingly don't matter."
Rose was shot Tuesday night in East Pittsburgh, a suburb of Pittsburgh, after the car he was riding in was pulled over by Officer Michael Rosfeld because it matched the description of a car wanted in a shooting in a nearby town, police said. The car had bullet damage to a back window.
As Rosfeld was taking the driver into custody, a video taken from a nearby house shows Rose and a second passenger running from the car. Three gunshots can be heard, and the passengers can be seen either falling or crouching as they pass between houses. It is unclear from the video if Rosfeld yelled for them to stop.
Tuesday, June 19, 2018
Court makes no ruling in resolving partisan redistricting cases
The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps.
The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple.
Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit.
In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans.
The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts.
The Democrats will have a chance to prove their case district by district.
Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats.
The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering.
Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.
USCIS Efforts Lead to Prison Sentence for Fremont Business Owner
A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas.
“USCIS is committed to combatting instances of fraud, abuse and other nefarious activities threatening the integrity of our nation’s immigration system,” stated USCIS San Francisco District Director John Kramer. “This sentencing sends a strong message to anyone thinking about circumventing or violating our rule of law.”
Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipally’s earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money.
Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed.
In addition to the prison term, the Judge ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019.
All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Sunitha Guntipally was sentenced to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct.
The prosecution is a result of collaboration between USCIS’s Office of Fraud Detection and National Security, the U.S. Department of State Diplomatic Security Service and Department of Homeland Security’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Jonas Lerman with the assistance of Laurie Worthen.
Saturday, June 9, 2018
Swedish court: Ghana international to be jailed, deported
A Swedish court has sentenced a Ghana international to 32 months in prison after Kingsley Sarfo was found guilty of two cases of rape of an under-aged girl.
The Malmo District Court says the 23-year old Sarfo, a midfielder with top Swedish club Malmo FF, had sexual intercourse with a 14-year-old girl in an apartment and in a public toilet.
The court on Friday also ordered Sarfo to pay 150,000 kronor ($17,260) in compensation to the girl, adding he should be deported after jail and banned from returning to Sweden for a 10-year period.
Safro has said his contract with Malmo FF, which he joined in 2016, would be terminated if found guilty. The club said it would comment after next week's board meeting.
Supreme Court: Son can sue father over hunting accident
A Minnesota man has taken a lawsuit against his father all the way to the Minnesota Supreme Court. And, dad is just fine with that.
The Supreme Court this week clarified a state law on public access for hunting, clearing the way for Corey Ouradnik to sue his father, Robert Ouradnik, over a deer hunting accident.
Corey Ouradnik broke both legs when he fell from a tree stand on the family's hunting land near Hinckley in 2012 when he was 29. His recovery took multiple surgeries and left Ouradnik with a six-figure medical bill.
The Star Tribune reports his attorney, Matt Barber, says the lawsuit is all about recovering insurance money. He says Minnesota requires people who are injured to sue the person who injured them if they hope to recover a payment.
Seals can keep using San Diego children's beach, court says
A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups.
In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego.
Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail.
The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access.
In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action.
Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans.
The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter.
The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property.
Woman accused of dismembering roommate appears in court
A San Francisco woman looked composed and lucid as she made her first court appearance on Friday on a murder charge accusing her of killing and dismembering her roommate, whose body parts prosecutors say were discovered in plastic bags at their home.
Lisa Gonzales, 47, was in an orange jail suit with her hands cuffed behind her back during the brief appearance with her attorney. She answered a question from the judge, but she did not enter a plea. Her arraignment was continued until June 14.
Police arrested Gonzales on Saturday after her 61-year-old roommate was reported missing. Police discovered the victim's severed arms and legs in a maggot-filled storage container, according to prosecutors.
Gonzales told police that her roommate refused to move out, and the two of them argued on May 15, a San Francisco prosecutor said in a court filing. She told investigators she thinks she "flipped," but she didn't have a "real recollection" of what happened, Adam Maldonado said in the filing.
Outside court, Gonzales' public defender, Alex Lilien, said his client was a hardworking, single mother and had taken the victim, Maggie Mamer, in after Mamer said she had been evicted by unscrupulous landlords. He said he didn't have details about his client's mental health.
"She's charged with murder, and she's being portrayed as a monster in the media — and that's distressing," he said. "She's concerned about her family."
Mamer had lost her home and "fallen on hard times" when Gonzales in August 2017 offered her a room, Maldonado said in the court filing. They agreed on $400 a month as rent. But after items around the home began to get misplaced or broken, Gonzales told Mamer in April to move out in 30 days or face eviction, the prosecutor said.
Lilien said Friday that Gonzales did not know Mamer well when she let her move in, and that Mamer had a history of not paying rent.
Tuesday, April 17, 2018
Supreme Court again refuses to hear Blagojevich appeal
The Supreme Court for the second time has refused to hear an appeal by imprisoned former Illinois Gov. Rod Blagojevich of his corruption convictions.
The justices didn't comment Monday in letting stand the convictions and 14-year prison term the 61-year-old is serving. His scheduled release date is 2024.
Blagojevich's lawyers had wanted the high court to take up his case to make clear what constitutes illegal political fundraising. They argued that politicians are vulnerable to prosecution because the line between what's allowed and what's illegal is blurry.
His convictions included trying to extort a children's hospital for contributions and seeking to trade an appointment to the Senate seat Barack Obama vacated when he was elected president for campaign cash.
The court also refused to hear his 2016 appeal.
The justices didn't comment Monday in letting stand the convictions and 14-year prison term the 61-year-old is serving. His scheduled release date is 2024.
Blagojevich's lawyers had wanted the high court to take up his case to make clear what constitutes illegal political fundraising. They argued that politicians are vulnerable to prosecution because the line between what's allowed and what's illegal is blurry.
His convictions included trying to extort a children's hospital for contributions and seeking to trade an appointment to the Senate seat Barack Obama vacated when he was elected president for campaign cash.
The court also refused to hear his 2016 appeal.
Michigan Democrats back Nessel for state attorney general
Thousands of fired-up Michigan Democrats endorsed Dana Nessel on Sunday in a hotly contested race for state attorney general, backing the former prosecutor-turned-civil rights lawyer to wrest back control of an office the party last held 16 years ago.
If elected in November, Nessel — who helped mount a successful legal challenge to the state's same-sex marriage ban — would be Michigan's first openly gay statewide officeholder. She defeated Pat Miles, the former U.S. attorney for western Michigan in the Obama administration, in a fight that drew a record number of delegates to Detroit.
"I want to bring empathy back to the office of Michigan attorney general," Nessel said after her victory inside a packed convention hall in the Cobo Center, where she became the rare candidate to win a convention fight despite not being supported by the influential United Auto Workers union and Michigan AFL-CIO, which had backed Miles. "With the help of not just Democrats in the state but independents and yes, even Republicans, I think we can do that and I look forward to being able to try."
The 48-year-old Nessel, who was a Wayne County assistant prosecutor for 11 years, co-owns a small Detroit law firm that among other things focuses on criminal defense, family law and adoptions for same-sex couples. Barring a surprise, she will be officially nominated at Democrats' next convention in August and face a Republican nominee — either state House Speaker Tom Leonard or state Sen. Tonya Schuitmaker — in the November election. GOP Attorney General Bill Schuette cannot run again due to term limits and is instead vying for governor.
Nessel's win sets the stage for a female-dominated Democratic statewide ticket if favorite Gretchen Whitmer wins the gubernatorial primary election in August. Democrats, who flooded the convention despite icy, rainy weather, also endorsed Jocelyn Benson for secretary of state in an uncontested race, and U.S. Sen. Debbie Stabenow is running for re-election to a fourth term.
If elected in November, Nessel — who helped mount a successful legal challenge to the state's same-sex marriage ban — would be Michigan's first openly gay statewide officeholder. She defeated Pat Miles, the former U.S. attorney for western Michigan in the Obama administration, in a fight that drew a record number of delegates to Detroit.
"I want to bring empathy back to the office of Michigan attorney general," Nessel said after her victory inside a packed convention hall in the Cobo Center, where she became the rare candidate to win a convention fight despite not being supported by the influential United Auto Workers union and Michigan AFL-CIO, which had backed Miles. "With the help of not just Democrats in the state but independents and yes, even Republicans, I think we can do that and I look forward to being able to try."
The 48-year-old Nessel, who was a Wayne County assistant prosecutor for 11 years, co-owns a small Detroit law firm that among other things focuses on criminal defense, family law and adoptions for same-sex couples. Barring a surprise, she will be officially nominated at Democrats' next convention in August and face a Republican nominee — either state House Speaker Tom Leonard or state Sen. Tonya Schuitmaker — in the November election. GOP Attorney General Bill Schuette cannot run again due to term limits and is instead vying for governor.
Nessel's win sets the stage for a female-dominated Democratic statewide ticket if favorite Gretchen Whitmer wins the gubernatorial primary election in August. Democrats, who flooded the convention despite icy, rainy weather, also endorsed Jocelyn Benson for secretary of state in an uncontested race, and U.S. Sen. Debbie Stabenow is running for re-election to a fourth term.
Thursday, February 1, 2018
Officials ask court to send Kennedy cousin back to prison
Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.
The chief state's attorney's office filed the request Monday with the state Supreme Court.
Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.
He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.
Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.
In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.
The chief state's attorney's office filed the request Monday with the state Supreme Court.
Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.
He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.
Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.
In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.
Texas executes Dallas man for killing ex-girlfriend in 1999
A Dallas man was executed Tuesday for the 1999 slaying of his ex-girlfriend while he already was on parole for killing his estranged wife.
William Rayford, 64, became the nation's second inmate put to death this year, both in Texas, when he received lethal injection for beating, stabbing and strangling 44-year-old Carol Lynn Thomas Hall. Her body was found about 300 feet (91 meters) inside a drainage pipe behind her home in South Dallas' Oak Cliff area. Hall's 11-year-old son, Benjamin, also was stabbed in the attack but survived. He testified against Rayford.
Asked by the warden at the Texas Department of Criminal Justice Huntsville Unit if he had a final statement, Rayford apologized repeatedly to his victim's four children who watched through a window a few feet from him.
"Carol didn't deserve what I done," he said. "Please try to find it in your heart to forgive me. I am sorry. It has bothered me for a long time what I have done."
He said he has made mistakes and asked God to forgive him. "If this gives you closure and makes you feel better, I have no problem with this taking place," Rayford said.
As the lethal dose of pentobarbital began taking effect, he lifted his head from the pillow on the death chamber gurney, repeated that he was sorry and then said he was "going home."
He began to snore. Within seconds, all movement stopped. He was pronounced dead at 8:48 p.m., 13 minutes after the powerful sedative was injected.
Among the four witnesses present was the victim's son who was also stabbed in the attack. He and three siblings showed no emotion as they watched Rayford die. They declined interviews afterward.
William Rayford, 64, became the nation's second inmate put to death this year, both in Texas, when he received lethal injection for beating, stabbing and strangling 44-year-old Carol Lynn Thomas Hall. Her body was found about 300 feet (91 meters) inside a drainage pipe behind her home in South Dallas' Oak Cliff area. Hall's 11-year-old son, Benjamin, also was stabbed in the attack but survived. He testified against Rayford.
Asked by the warden at the Texas Department of Criminal Justice Huntsville Unit if he had a final statement, Rayford apologized repeatedly to his victim's four children who watched through a window a few feet from him.
"Carol didn't deserve what I done," he said. "Please try to find it in your heart to forgive me. I am sorry. It has bothered me for a long time what I have done."
He said he has made mistakes and asked God to forgive him. "If this gives you closure and makes you feel better, I have no problem with this taking place," Rayford said.
As the lethal dose of pentobarbital began taking effect, he lifted his head from the pillow on the death chamber gurney, repeated that he was sorry and then said he was "going home."
He began to snore. Within seconds, all movement stopped. He was pronounced dead at 8:48 p.m., 13 minutes after the powerful sedative was injected.
Among the four witnesses present was the victim's son who was also stabbed in the attack. He and three siblings showed no emotion as they watched Rayford die. They declined interviews afterward.
Kenya's High Court orders government's TV shutdown to end
Kenya's High Court on Thursday ordered the government to end its shutdown of the country's top three TV stations after they tried to broadcast images of the opposition leader's mock inauguration, a ceremony considered treasonous.
Journalists and human rights groups have raised an outcry over the shutdown of live transmissions that began Tuesday. Some journalists told The Associated Press they spent the night in their newsroom to avoid arrest.
Opposition leader Raila Odinga on Tuesday declared himself "the people's president" in protest of President Uhuru Kenyatta's election win last year, in a ceremony attended by tens of thousands of supporters in the capital, Nairobi. Odinga claims the vote was rigged and that electoral reforms in the East African nation have not been made.
The government responded to Odinga's "swearing-in" by declaring the opposition movement a criminal organization and investigating "conspirators" in Tuesday's ceremony. An opposition lawmaker who stood beside Odinga and wore judicial dress was arrested Wednesday and taken to court, where police fired tear gas at his supporters. It was not clear what charges the lawmaker, T.J. Kajwang, faced.
Kenya's interior minister, Fred Matiangi, on Wednesday said the TV stations and some radio stations would remain shut down while being investigated for their alleged role in what he called an attempt to "subvert and overthrow" Kenyatta's government. Matiangi claimed that the media's complicity in the mock inauguration would have led to the deaths of thousands of Kenyans.
But on Thursday, High Court Judge Chacha Mwita directed the government to restore the transmission for the Kenya Television Network, Citizen Television and Nation Television News and not to interfere with the stations until a case challenging their shutdown is heard.
Journalists and human rights groups have raised an outcry over the shutdown of live transmissions that began Tuesday. Some journalists told The Associated Press they spent the night in their newsroom to avoid arrest.
Opposition leader Raila Odinga on Tuesday declared himself "the people's president" in protest of President Uhuru Kenyatta's election win last year, in a ceremony attended by tens of thousands of supporters in the capital, Nairobi. Odinga claims the vote was rigged and that electoral reforms in the East African nation have not been made.
The government responded to Odinga's "swearing-in" by declaring the opposition movement a criminal organization and investigating "conspirators" in Tuesday's ceremony. An opposition lawmaker who stood beside Odinga and wore judicial dress was arrested Wednesday and taken to court, where police fired tear gas at his supporters. It was not clear what charges the lawmaker, T.J. Kajwang, faced.
Kenya's interior minister, Fred Matiangi, on Wednesday said the TV stations and some radio stations would remain shut down while being investigated for their alleged role in what he called an attempt to "subvert and overthrow" Kenyatta's government. Matiangi claimed that the media's complicity in the mock inauguration would have led to the deaths of thousands of Kenyans.
But on Thursday, High Court Judge Chacha Mwita directed the government to restore the transmission for the Kenya Television Network, Citizen Television and Nation Television News and not to interfere with the stations until a case challenging their shutdown is heard.
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