European court rejects case vs Germany over Afghan airstrike

The European Court of Human Rights on Tuesday rejected a complaint against Germany’s refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan. Scores of people died when U.S. Air Force jets bombed the tankers hijacked by the Taliban near Kunduz. The strike was ordered by the commander of the German base in Kunduz, Col. Georg Klein, who feared insurgents could use the trucks to carry out attacks. Contrary to the intelligence Klein based his decision on, most of those swarming the trucks were local civilians invited by the Taliban to siphon fuel from the vehicles after they had become stuck in a riverbed. An Afghan man who lost two sons aged 8 and 12 in the airstrike, Abdul Hanan, took the case to the European Court of Human Rights after German authorities declined to prosecute Klein. He alleged that Germany failed to conduct an effective investigation and that no “effective domestic remedy” to that had been available in Germany. The Strasbourg, France-based court rejected the complaints. It found that German federal prosecutors were “able to rely on a considerable amount of material concerning the circumstances and the impact of the airstrike.” It also noted that courts including Germany’s highest, the Federal Constitutional Court, rejected cases by Hanan. And it added that a parliamentary commission of inquiry “had ensured a high level of public scrutiny of the case.” Wolfgang Kaleck, the head of the European Center for Constitutional and Human Rights who provided legal support to Hanan, said the verdict was a disappointment for the plaintiff and his fellow villagers, but noted that judges had made clear that governments have a duty to at least investigate such cases.

Circuit court judge accused of altering paperwork

A New Hampshire circuit court judge has been accused of altering court paperwork with white out in a 2019 family division case while she was under investigation by the judicial branch. Julie Introcaso, a Bedford judge who was suspended in October, was charged Thursday with two felony counts of falsifying physical evidence and three misdemeanors alleging tampering with public records or information and unsworn falsification. The attorney general’s office said Introcaso will be arraigned at a later date. It wasn’t immediately known if she had a lawyer, and a number could not be found for her. The attorney general’s office began an investigation last fall after the state Judicial Conduct Committee released a document alleging that Introcaso violated the state’s Code of Judicial Conduct. That complaint alleges that Introcaso oversaw a child custody case for about six months despite having a friendship with a lawyer who was serving as a guardian ad litem in the matter. She approved rulings on the guardian’s fees and method of payment. She eventually recused herself, citing a conflict of interest, but a party in the case made a complaint about her to the committee, which started an investigation. The committee alleges she altered the court orders during the investigation.

Tips for Avoiding Common Workers’ Compensation Pitfalls

Workers’ compensation is an insurance program. If you have sustained an injury or illness at work, filing a workers’ compensation claim may provide compensation for your medical bills and lost wages. Unfortunately, the claims process can be complicated and confusing, which is why workers often make mistakes along the way. Some of the common mistakes that hurt workers’ recoveries are often avoidable if you know your rights. Avoid these mistakes to get the best settlement: Failing to Report the Injury You cannot get workers’ comp benefits without reporting your injury to your employer. For most injuries in Illinois, employees have 45 days from the accident to tell their employer about the injury. Not Seeking Treatment If you’ve sustained any injury, you need to be seen by a physician immediately. Your doctor can document your injury, symptoms and treatment plan, which will make it easier to be awarded just compensation. Failing to Keep Accurate Records After suffering a workplace injury or illness, it is crucial to keep accurate and detailed records. This means documenting the time missed from work due to the condition as well as all expenses related to medical treatment. Not Following Your Doctor’s Orders Working beyond your doctor’s restrictions and treatment plan not only puts your healing in jeopardy, but the insurance company can also invalidate your claim if you do. Representing Yourself Don’t make the mistake of representing yourself in your workers’ compensation claim. A skilled lawyer will make sure you file all the necessary paperwork and meet all the critical deadlines. An experienced attorney will also know how to gather and present the evidence supporting your case, and the best strategies of negotiating with insurance companies.

US Supreme Court won’t take up Sheldon Silver’s case

The Supreme Court declined Monday to take up the case of former New York Assembly Speaker Sheldon Silver, who is serving a 6 1/2-year prison sentence after being convicted in a corruption case. The high court’s decision not to hear Silver’s appeal is another sharp blow to the Manhattan Democrat, who was once one of the three most powerful state officials. Silver was ousted as speaker in 2015 and was convicted later that year. His original conviction was overturned on appeal, but he was convicted again in 2018. Part of that conviction was then tossed out on another appeal, leading to yet another sentencing in July. Silver, 76, began serving his sentence in August. In the part of the case that survived the appeal process, Silver was convicted in a scheme that involved favors and business traded between two real estate developers and a law firm. Silver supported legislation that benefited the developers. The developers then referred certain tax business to a law firm that paid Silver fees. Two justices, Neil Gorsuch and Clarence Thomas, said they would have heard Silver’s case. Earlier this month, The New York Times reported that President Donald Trump was considering clemency for Silver, but ultimately no pardon or sentence reduction was granted. Silver has been serving time at the federal prison in Otisville, about 80 miles (130 kilometers) from New York City. Before his conviction, Silver was a giant in New York politics. First elected to the Assembly in 1977, he became speaker in 1994, holding that position for more than two decades. For nearly half that time, during the administration of Republican Gov. George Pataki, he was the most powerful Democrat in the state. Silver’s lawyers had asked the court to consider allowing him to serve his sentence at home because of the risk of contracting COVID-19 and dying in prison. But District Judge Valerie Caproni said issuing a sentence without prison time was inappropriate because Silver was guilty of “corruption, pure and simple.”

Supreme Court ends Trump emoluments lawsuits

The Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency, saying the cases are moot now that Trump is no longer in office. The high court’s action was the first in an expected steady stream of orders and rulings on pending lawsuits involving Trump now that his presidency has ended. Some orders may result in dismissals of cases since Trump is no longer president. In other cases, proceedings that had been delayed because Trump was in the White House could resume and their pace even quicken. The justices threw out Trump’s challenge to lower court rulings that had allowed lawsuits to go forward alleging that he violated the Constitution’s emoluments clause by accepting payments from foreign and domestic officials who stay at the Trump International Hotel and patronize other businesses owned by the former president and his family. The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office. The outcome leaves no appellate court opinions on the books in an area of the law that has been rarely explored in U.S. history. The cases involved suits filed by Maryland and the District of Columbia, and high-end restaurants and hotels in New York and Washington, D.C., that “found themselves in the unenviable position of having to compete with businesses owned by the President of the United States.” The suits sought financial records showing how much state and foreign governments have paid the Trump Organization to stay and eat at Trump-owned properties. The cases never reached the point where any records had to be turned over. But Karl Racine and Brian Frosh, the attorneys general of Washington, D.C., and Maryland, respectively, said in a joint statement that a ruling by a federal judge in Maryland that went against Trump “will serve as precedent that will help stop anyone else from using the presidency or other federal office for personal financial gain the way that President Trump has over the past four years.” Other cases involving Trump remain before the Supreme Court, or in lower courts. Trump is trying to block the Manhattan district attorney ’s enforcement of a subpoena for his tax returns, part of a criminal investigation into the president and his businesses. Lower courts are weighing congressional subpoenas for Trump’s financial records. And the justices also have before them Trump’s appeal of a decision forbidding him from blocking critics on his Twitter account. Like the emoluments cases, Trump’s appeal would seem to be moot now that he is out of office and also had his Twitter account suspended. Republican senators and some legal scholars have said that Trump’s impeachment trial in the Senate cannot proceed now that he is once again a private citizen. But many scholars have said that Trump’s return to private life poses no impediment to an impeachment trial.

Thai court gives record 43-year sentence for insulting king

A court in Thailand on Tuesday sentenced a former civil servant to a record prison term of 43 years and six months for breaching the country’s strict law on insulting or defaming the monarchy, lawyers said. The Bangkok Criminal Court found the woman guilty on 29 counts of violating the country’s lese majeste law for posting audio clips to Facebook and YouTube with comments deemed critical of the monarchy, the group Thai Lawyers for Human Rights said. The court initially announced her sentence as 87 years, but reduced it by half because she pleaded guilty to the offenses, the group said. The sentence, which comes amid an ongoing protest movement that has seen unprecedented public criticism of the monarchy, was swiftly condemned by rights groups. “Today’s court verdict is shocking and sends a spine-chilling signal that not only criticisms of the monarchy won’t be tolerated, but they will also be severely punished,” said Sunai Phasuk, a senior researcher for the group Human Rights Watch. Violating Thailand’s lese majeste law ? known widely as Article 112 ? is punishable by three to 15 years’ imprisonment per count. The law is controversial not only because it has been used to punish things as simple as liking a post on Facebook but also because anyone ? not just royals or authorities ? can lodge a complaint that can tie up the person accused in legal proceedings for years. During Thailand’s last 15 years of political unrest, the law has frequently been used as a political weapon as well as in personal vendettas. Actual public criticism of the monarchy, however, had until recently been extremely rare. That changed during the past year, when young protesters calling for democratic reforms also issued calls for the reform of the monarchy, which has long been regarded as an almost sacred institution by many Thais. The protesters have said the institution is unaccountable and holds too much power in what is supposed to be a democratic constitutional monarchy. Authorities at first let much of the commentary and criticism go without charge, but since November have arrested about 50 people and charged them with lese majeste. Sunai said Tuesday’s sentence was likely meant to send a message. “It can be seen that Thai authorities are using lese majeste prosecution as their last resort measure in response to the youth-led democracy uprising that seeks to curb the king’s powers and keep him within the bound of constitutional rule. Thailand’s political tensions will now go from bad to worse,” he said. After King Maha Vajralongkorn took the throne in 2016 following his father’s death, he informed the government that he did not wish to see the lese majeste law used. But as the protests grew last year, and the criticism of the monarchy got harsher, Prime Minister Prayuth Chan-ocha warned a line had been crossed and the law would be used.

Arizona Supreme Court upholds election challenge dismissal

 The Arizona Supreme Court on Tuesday upheld a lower court decision dismissing the last in a series of challenges that sought to decerify Democrat Joe Biden’s victory in the state.

The high court ruling is the second time the majority-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.

Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election. That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.

Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.

The Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.

“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge ... is not the proper vehicle to reinstate voter registration.”

Biden won the state over Republican President Donald Trump by more than 10,000 votes and the results were certified last month.

The lawsuit brought by Burk, who isn’t a lawyer but represented herself, is nearly identical to a lawsuit dismissed in early December in federal court in Phoenix.

Burk’s lawsuit alleged Arizona’s election systems have security flaws that let election workers and foreign countries manipulate results. Opposing attorneys said the lawsuit used conspiracy theories to make allegations against a voting equipment vendor without any proof to back up claims of widespread election fraud in Arizona.

No evidence of voter or election fraud has emerged in Arizona. Despite that, Republicans who control the Legislature are pushing to review how Maricopa County, the state’s most populous, ran its election. Two subpoenas issued by the state Senate seeking an audit and to review voting machines, ballots and other materials are being challenged by Maricopa County.

Two of the failed legal challenges focused on the use of Sharpies to complete ballots were dismissed. Another lawsuit in which the Trump campaign sought inspection of ballots was dismissed after the campaign’s lawyer acknowledged the small number of ballots at issue wouldn’t have changed the outcome.

A judge dismissed a lawsuit in which the Arizona Republican Party tried to determine whether voting machines had been hacked.

Then a separate challenge by Arizona GOP Chairwoman Kelli Ward was tossed out by a judge who concluded the Republican leader failed to prove fraud and that the evidence presented at trial wouldn’t reverse Trump’s defeat. The state Supreme Court upheld that decision in an earlier ruling.

And a federal judge dismissed a lawsuit by conservative lawyer Sidney Powell, who alleged widespread election fraud through the manipulation of voting equipment. Burk’s lawsuit repeated some of Powell’s allegations word-for-word.