Wednesday, December 30, 2020

Prosecutors seek 9-year prison term for Samsung chief Lee

 South Korean prosecutors on Wednesday requested a nine-year prison term for Samsung’s de facto chief, Lee Jae-yong, during his bribery retrial, where Lee apologized and vowed not to be implicated in similar allegations in an apparent plea for leniency.

The case is a key element in an explosive 2016 scandal that triggered months of public protests and toppled South Korea’s president. A ruling on Lee could send him back to prison on charges that he bribed former President Park Geun-hye and her longtime confidante to get the government’s backing for his push to solidify his control over Samsung.

The retrial comes as Lee faces immense pressure to navigate Samsung’s transition after his father and Samsung Electronics Chairman Lee Kun-Hee died in October.

A team of prosecutors led by independent counsel Park Young-soo demanded the Seoul High Court sentence Lee to prison. They said Samsung “more actively sought unjust benefits” than other businesses with regard to the 2016 scandal. The prosecutors said Samsung, which is South Korea’s biggest company, should “set the example” for efforts to root out corruption.

“Samsung is a business group with overwhelming power, and there is even a saying that South Korean companies are divided into Samsung and non-Samsung ones,” the prosecutors said in closing comments. “The rule of law and the egalitarianism principle ... are meant to punish those in power and those with the economic power in line with the equal standard.”

Prosecutors also asked the court to sentence three former Samsung executives to seven years in prison and another former executive to five years.

Lee, 52, vice chairman of Samsung Electronics, was sentenced in 2017 to five years in prison for offering 8.6 billion won ($7 million) in bribes to Park and her longtime confidante Choi Soon-sil. But he was freed in early 2018 after the Seoul High Court reduced his term to 2½ years and suspended his sentence, overturning key convictions and reducing the amount of his bribes.

Last year, the Supreme Court returned the case to the high court, ruling that the amount of Lee’s bribes had been undervalued. It said the money that Samsung spent to purchase three racehorses used by Choi’s equestrian daughter and fund a winter sports foundation run by Choi’s niece should also be considered bribes.

During Wednesday’s court session, Lee’s lawyers said the basic nature of the 2016 scandal was about ex-President Park’s abuse of power that infringed upon the freedom and property rights of businesses. The lawyers said Lee and the other ex-Samsung executives embroiled in the scandal weren’t able to resist the pressure by Park and Choi and that they and Samsung didn’t receive any special favors from Park’s government.

Tuesday, December 15, 2020

Justices order review of Colorado, New Jersey worship limits

The Supreme Court on Tuesday ordered lower federal courts in Colorado and New Jersey to reexamine state restrictions on indoor religious services to combat the coronavirus in light of the justices’ recent ruling in favor of churches and synagogues in New York. The high court’s unsigned decisions did not rule that limits imposed by Colorado Gov. Jared Polis and New Jersey Gov. Phil Murphy were improper. But they did throw out federal district court rulings that rejected challenges to the limits. The High Plains Harvest Church in the rural town of Ault in northern Colorado sued Polis, while a Catholic priest and a rabbi challenged the restrictions in New Jersey. Last month, the Supreme Court split 5-4 in holding that New York could not enforce certain limits on attendance at churches and synagogues. The high court subsequently ordered a new look at California worship service restrictions that had been challenged. Colorado told the justices last week that it had amended a public health order “to remove capacity limits from all houses of worship at all times in response to this Court’s recent decisions.” That should have settled the matter because “there is no reason to think Colorado will reverse course?and so no reason to think Harvest Church will again face capacity limits,” Justice Elena Kagan wrote in a brief dissent that was joined by Justices Stephen Breyer and Sonia Sotomayor. No justice noted a dissent from the New Jersey decision.

Saturday, December 12, 2020

Supreme Court rejects Republican attack on Biden victory

The Supreme Court has rejected a lawsuit backed by President Donald Trump to overturn Joe Biden’s election victory, ending a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court and subvert the will of voters. Trump bemoaned the decision late Friday, tweeting: “The Supreme Court really let us down. No Wisdom, No Courage!” The high court’s order earlier Friday was a stark repudiation of a legal claim that was widely regarded as dubious, yet embraced by the president, 19 Republican state attorneys general and 126 House Republicans. Trump had insisted the court would find the “wisdom” and “courage” to adopt his baseless position that the election was the product of widespread fraud and should be overturned. But the nation’s highest court emphatically disagreed. Friday’s order marked the second time this week that the court had rebuffed Republican requests that it get involved in the 2020 election outcome and reject the voters’ choice, as expressed in an election regarded by both Republican and Democratic officials as free and fair. The justices turned away an appeal from Pennsylvania Republicans on Tuesday. On Monday, the Electoral College meets to formally elect Biden as the next president. Trump had called the lawsuit filed by Texas against Georgia, Michigan, Pennsylvania and Wisconsin “the big one” that would end with the Supreme Court undoing Biden’s substantial Electoral College majority and allowing Trump to serve another four years in the White House. In a brief order, the court said Texas does not have the legal right to sue those states because it “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.” Justices Samuel Alito and Clarence Thomas, who have said previously the court does not have the authority to turn away lawsuits between states, said they would have heard Texas’ complaint. But they would not have done as Texas wanted — setting aside those four states’ 62 electoral votes for Biden — pending resolution of the lawsuit. Trump complained that “within a flash,” the lawsuit was “thrown out and gone, without even looking at the many reasons it was brought. A Rigged Election, fight on!” Three Trump appointees sit on the high court. In his push to get the most recent of his nominees, Justice Amy Coney Barrett, confirmed quickly, Trump said she would be needed for any post-election lawsuits. Barrett appears to have participated in both cases this week. None of the Trump appointees noted a dissent in either case. The four states sued by Texas had urged the court to reject the case as meritless. They were backed by another 22 states and the District of Columbia. Republican support for the lawsuit and its call to throw out millions of votes in four battleground states was rooted in baseless claims of fraud, an extraordinary display of the party’s willingness to countermand the will of voters. House Republican Leader Kevin McCarthy of California and Minority Whip Steve Scalise of Louisiana were among those joining to support the action. “The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters,” House Speaker Nancy Pelosi said Friday night.

Friday, December 11, 2020

Justices rule Muslim men can sue FBI agents over no-fly list

A unanimous Supreme Court ruled on Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable. The justices continued a string of decisions friendly to religious interests in holding that the men could sue the agents under the 1993 Religious Freedom Restoration Act for what it calls “appropriate relief.” “The question here is whether ‘appropriate relief’ includes claims for money damages against Government officials in their individual capacities. We hold that it does,” Justice Clarence Thomas wrote for the court. The three foreign-born men claim in the lawsuit that their religious convictions led them to rebuff agents who wanted them to inform on people in their Muslim communities. “This is a clear prohibition in the Islamic faith,” Ramzi Kassem, the men’s lawyer, told the justices during arguments in October. The men claim the agents then placed or kept them on the list of people prevented from flying because they are considered a threat. The men have since been removed from the no-fly list. A trial court dismissed the suit once their names had been dropped from the list, but they argued that the retaliation they claimed “cost them substantial sums of money: airline tickets wasted and income from job opportunities lost,” Thomas wrote. The federal appeals court in New York agreed with the Muslim men, and the high court affirmed that decision. There’s no guarantee the men will win their case or collect anything from the agents. Thomas noted that the agents can argue that they should be shielded from any judgment by the doctrine of qualified immunity, which the Supreme Court has said protects officials as long as their actions don’t violate clearly established law or constitutional rights they should have known about. Lori Windham, senior counsel at the public interest law firm the Becket Fund for Religious Liberty, said governments too often change policies to avoid court judgments. “We’re glad the Supreme Court unanimously emphasized that the government can’t expect to be let off the hook by simply changing its tune at the last second. This is a good decision that makes it easier to hold the government accountable when it violates Americans’ religious liberties,” Windham said. In recent years, the court has ruled in favor of people and companies asserting claims under the Religious Freedom Restoration Act, or the Constitution’s guarantee of religious liberty.

Monday, December 7, 2020

High court to decide whether Nazi art case stays in US court

Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million. Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather, a prominent art dealer who fled Germany after Adolf Hitler came to power. “What was grandpa most proud of in his business?” he asked. “He was very, very proud to have acquired the Guelph Treasure, and then was forced to sell it to the Nazis,” she told him. That conversation set Leiber, of West Hollywood, California, on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum. It’s a pursuit that has now landed him at the Supreme Court, in a case to be argued Monday. For centuries, the collection, called the Welfenschatz in German, was owned by German royalty. It includes elaborate containers used to store Christian relics; small, intricate altars and ornate crosses. Many are silver or gold and decorated with gems. In 2015, Leiber’s quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation. The state-run foundation owns the collection and runs Berlin’s Museum of Decorative Arts, where the collection is housed. Germany and the foundation asked the trial-level court to dismiss the suit, but the court declined. An appeals court also kept the suit alive. Now, the Supreme Court, which has been hearing arguments by telephone because of the coronavirus pandemic, will weigh in. A separate case involving Hungarian Holocaust victims is being heard the same day. At this point, the Guelph Treasure case is not about whether Leiber’s grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it, a claim Germany and the foundation dispute. It’s just about whether Leiber and two other heirs of those dealers, New Mexico resident Alan Philipp and London resident Gerald Stiebel, can continue seeking the objects’ return in U.S. courts. In a statement, Hermann Parzinger, president of the Prussian Cultural Heritage Foundation, argued that the suit should be dismissed. The foundation and Germany have the Trump administration’s support.

Sunday, November 29, 2020

Chapter 7 bankruptcy - The Bankruptcy Means Test

The means test makes it so that not everyone can simply file for bankruptcy and wipe out their debts. Those with a high amount of disposable income do not qualify. You will need to determine how your household income compares to the median in your state. If it is less, then you automatically qualify. If it is above the median, then you need to calculate your disposable income, which can get complicated. When we calculate the means test, the formula allows certain amounts of expenses, and then the test calculates how much money you have left over. If it is higher than a certain amount, then you fail the means test. But, when we complete the means test, there are many items which vary for each person. We will use our experience to give you the best possible result to see if you qualify. It’s not simply plugging in a few numbers. However, even if you do not qualify for Chapter 7 bankruptcy, you may still qualify for Chapter 13 bankruptcy, and the means test will determine how much of your debt you are required to pay back. Chapter 7 for Individuals/ Chapter 7 bankruptcy is a good option for consumers who simply have too much debt and can not keep up with payments. They may have lost their job or come across unexpected expenses, such as medical bills or car repairs. If you take the means test and your income is below the median, then you qualify for Chapter 7 bankruptcy. If you want a fresh start, but do not have a regular income, Chapter 7 can wipe out the majority of your debts. In this type of bankruptcy, we will consult with you to see what you own, and who you owe. We will then review your entire situation so that you know exactly what we expect will happen. In most cases, people can keep their house, car, and other household goods, and eliminate their unsecured debts. A Trustee is assigned to review your case to see if you own more than you can protect. If you own more than what you are allowed to protect, the trustee may sell your assets, and use the proceeds to pay your debts. This happens in a very small number of cases. Chapter 7 bankruptcy will wipe out unsecured debts such as credit card bills and medical bills. You are still on the hook for certain debts, such as tax debt, child support, alimony, and student loan debt. For student loan debt, you might be able to discharge that debt if you can prove that you have a permanent injury or illness that will prevent you from paying back your student loan debt. (Called the “Bruner” or “undue hardship” standard) Any attempt to discharge student loans are done in a separate and very difficult court proceeding.

Pennsylvania high court rejects lawsuit challenging election

Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden’s victory in the battleground state. The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania’s expansive year-old mail-in voting law allowing for challenges to it. Justices also remarked on the lawsuit’s staggering demand that an entire election be overturned retroactively. “They have failed to allege that even a single mail-in ballot was fraudulently cast or counted,” Justice David Wecht wrote in a concurring opinion. The state’s attorney general, Democrat Josh Shapiro, called the court’s decision “another win for Democracy.” President Donald Trump and his lawyer, Rudy Giuliani, meanwhile, have repeatedly and baselessly claimed that Democrats falsified mail-in ballots to steal the election from Trump. Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016. The week-old lawsuit, led by Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania, had challenged the state’s mail-in voting law as unconstitutional. As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors. In any case, that request — for the state’s lawmakers to pick Pennsylvania’s presidential electors — flies in the face of a nearly century-old state law that already grants the power to pick electors to the state’s popular vote, Wecht wrote. While the high court’s two Republicans joined the five Democrats in opposing those remedies, they split from Democrats in suggesting that the lawsuit’s underlying claims — that the state’s mail-in voting law might violate the constitution — are worth considering. Commonwealth Court Judge Patricia McCullough, elected as a Republican in 2009, had issued the order Wednesday to halt certification of any remaining contests, including apparently contests for Congress.

Tuesday, November 24, 2020

Hong Kong’s Joshua Wong taken into custody after guilty plea

Prominent Hong Kong pro-democracy activist Joshua Wong and two other activists were taken into custody Monday after they pleaded guilty to charges related to a demonstration outside police headquarters during anti-government protests last year. Wong, together with fellow activists Ivan Lam and Agnes Chow, pleaded guilty to charges related to organizing, taking part in and inciting protesters to join an unauthorized protest outside police headquarters last June. The trio were members of the now-disbanded Demosisto political party. They were remanded in custody at a court hearing Monday, and the three are expected to be sentenced on Dec. 2. Those found guilty of taking part in an unlawful assembly could face as long as five years in prison depending on the severity of the offense. “I am persuaded that neither prison bars, nor election ban, nor any other arbitrary powers would stop us from activism,” Wong said, ahead of the court hearing. “What we are doing now is to explain the value of freedom to the world, through our compassion to whom we love, so much that we are willing to sacrifice the freedom of our own. I’m prepared for the thin chance of walking free.” Wong rose to prominence as a student leader during the 2014 Umbrella Movement pro-democracy protests and is among a growing number of activists being charged with relatively minor offenses since Beijing in June imposed a sweeping national security law on the territory that has severely restricted political speech. Pro-democracy supporters have said the legal charges are part of a campaign to harass and intimidate them. Lam, who also spoke ahead of the court hearing, said he too was prepared to be jailed. Wong wrote on his Facebook page on Sunday that he and Lam had decided to plead guilty after consulting with their lawyers. The two previously pleaded not guilty to the charges.

Sunday, November 8, 2020

Trump faces tough road in getting Supreme Court to intervene

President Donald Trump has repeatedly said there’s one place he wants to determine the outcome of the presidential election: the U.S. Supreme Court. But he may have a difficult time ever getting there. Over the last two days, Trump has leaned in to the idea that the high court should get involved in the election as it did in 2000. Then, the court effectively settled the contested election for President George W. Bush in a 5-4 decision that split the court’s liberals and conservatives. Today, six members of the court are conservatives, including three nominated by Trump. But the outcome of this year’s election seemed to be shaping up very differently from 2000, when Florida’s electoral votes delivered the presidency to George W. Bush. Then, Bush led in Florida and went to court to stop a recount. Trump, for his part, has suggested a strategy that would focus on multiple states where the winning margins appear to be slim. But he might have to persuade the Supreme Court to set aside votes in two or more states to prevent Joe Biden from becoming president. Chief Justice John Roberts, for his part, is not likely to want the election to come down to himself and his colleagues. Roberts, who was not on the court for Bush v. Gore in 2000 but was a lawyer for Bush, has often tried to distance the court from the political branches of government and the politics he thinks could hurt the court’s reputation. It’s also not clear what legal issues might cause the justices to step in. Trump has made repeated, unsubstantiated claims of election fraud. Lawsuits filed by his campaign so far have been small-scale efforts unlikely to affect many votes, and some already have been dismissed. Still, Trump has focused on the high court. In the early morning hours following Election Day he said: “We’ll be going to the U.S. Supreme Court ? we want all voting to stop.” And on Thursday, as Biden inched closer to the 270 Electoral College votes needed to win the White House, Trump again told Americans, “It’s going to end up, perhaps, at the highest court in the land, we’ll see.” On Twitter too he urged, “U.S. Supreme Court should decide!” There is currently one election case at the Supreme Court and it involves a Republican appeal to exclude ballots that arrived after Election Day in the battleground state of Pennsylvania. But whether or not those ballots ultimately are counted seems unlikely to affect who gets the state’s electoral votes. Biden opened a narrow lead over Trump on Friday, and any additional mail-in votes probably would help Biden, not the president. Still, Trump’s campaign is currently trying to intervene in the case, an appeal of a decision by Pennsylvania’s highest court to allow three extra days for the receipt and counting of mailed ballots. Because the case is ongoing, the state’s top election official has directed that the small number of ballots that arrived in that window, before 5 p.m. Friday, be separated but counted. Republicans on Friday asked for a high court order ensuring the ballots are separated, and Justice Samuel Alito, acting on his own, agreed, saying he was motivated in part by the Republicans’ assertion that they can’t be sure elections officials are complying with guidance.

Saturday, October 31, 2020

Supreme Court issues flurry of last-minute election orders

North Carolina, yes. Pennsylvania, yes. Wisconsin, no. That’s how the Supreme Court has answered questions in recent days about an extended timeline for receiving and counting ballots in those states. In each case, Democrats backed the extensions and Republicans opposed them. All three states have Democratic governors and legislatures controlled by the GOP. At first blush, the difference in the outcomes at the Supreme Court seems odd because the high court typically takes up issues to harmonize the rules across the country. But elections are largely governed by states, and the rules differ from one state to the next. A big asterisk: These cases are being dealt with on an emergency basis in which the court issues orders that either block or keep in place a lower-court ruling. But there is almost never an explanation of the majority’s rationale, though individual justices sometimes write opinions that partially explain the matter There also is a difference in how the justices act based on whether they are ruling on a lawsuit that began in state or federal court. Conservative justices who hold a majority on the Supreme Court object to what they see as intrusions by federal judges who order last-minute changes to state election rules, even in the middle of the coronavirus pandemic. The power to alter absentee ballot deadlines and other voting issues rests with state legislatures, not federal courts, according to the conservative justices. The court also is divided, but so far has been willing to allow state courts interpreting their own state constitutions to play more of a role than their federal counterparts. Last week, four conservative justices would have put on hold a Pennsylvania Supreme Court ruling allowing three additional days to receive and count mailed ballots. Three justices in Wednesday’s order about North Carolina’s absentee ballots would have blocked a six-day extension. The justices did not finally resolve the legal issues involved, but they could do so after the election. A more thorough examination could come either in a post-election challenge that could determine the presidential winner if, for example, Pennsylvania proves critical to the national outcome, or in a less tense setting that might not affect the 2020 vote, but would apply in the future.

Saturday, October 24, 2020

German arrest order for Panama Papers lawyers faces hurdle

A German arrest order for two Panamanian lawyers whose firm was at the center of an international tax evasion scandal faces a substantial obstacle: Panama’s constitution prohibits the extradition of its citizens. Juergen Mossack and Ramón Fonseca are sought by Cologne prosecutors on charges of being an accessory to tax evasion and forming a criminal organization. “They have constitutional protection,” Alvin Weeden, a lawyer in Panama, said Wednesday. “Technically, there’s no possibility.” Mossack and Fonseca already face prosecution in Panama and are prohibited from leaving the country while out on bond after spending two months in jail. That case stems from allegations they helped create a corporation to hide money used for bribes by the Brazilian construction company Odebrecht as well as fallout from the so-called Panama Papers scandal. The Panama Papers include a collection of 11 million secret financial documents leaked in 2016 that illustrated how some of the world’s richest people hide their money. It brought scrutiny to a number of world leaders and was a hit to Panama’s reputation. Interpol’s office in Panama did not immediately respond to a request for comment about whether it had received an alert from German authorities about the case in Germany against Mossack and Fonseca. In a statement, Mossack and Fonseca said their firm had sold corporations to a German bank that later resold them to clients. They said they had nothing to do with subsequent transactions. “If one these ultimate beneficiaries evaded taxes in their country or committed some other crime using a corporation created by us, that is totally out of our control and knowledge,” said the statement issued by their lawyer in Panama, Guillermina McDonald. “We follow all of the processes required by regulators of our industry in their moment.” Mossack and Fonseca announced the closure of their offices in Panama and elsewhere in the world in March 2018. In the statement Tuesday night, they said they were willing to continue collaborating with investigations in any part of the world. McDonald said she did not know if they would be willing to appear before German authorities. Mossack and Fonseca maintain the German case is part of continuing efforts by the European Union to discredit them. In February, the European Union again included Panama on a list of countries that are tax havens.

Monday, October 5, 2020

Supreme Court to review Arizona ‘ballot harvesting’ law

The Supreme Court said Friday it will review a 2016 Arizona law that bars anyone but a family member or caregiver from returning another person’s early ballot. The law itself, however, remains in effect through the presidential election and until the justices rule. The court will begin hearing arguments again next week after a summer break. The Arizona case was one of four cases the court, now eight justices because of the death of Justice Ruth Bader Ginsburg, agreed to hear in its new term that begins Monday. As is usual, the justices did not comment in taking the cases. Because of the coronavirus pandemic, the justices will not be returning to the courtroom to hear arguments but instead will continue hearing arguments by telephone. The court has been closed to the public since March. In the Arizona case, a federal appeals court ruled in January that Arizona’s law banning so-called “ballot harvesting” violates the Voting Rights Act and the Constitution, but the court put its ruling on hold while the Supreme Court was asked to take the case. The appeals court also found that Arizona’s policy of discarding ballots if a voter went to the wrong precinct violates the law. The court said both have a discriminatory impact on minority voters in violation of the Voting Rights Act. The high court in recent years has weakened the Voting Rights Act, throwing out the most powerful part of the landmark law in 2013. It could use the current case to go even further. The case began after Republicans in Arizona passed the law making it a felony to return someone else’s ballot to election officials in most cases and Democrats sued. Both parties had used ballot collection in Arizona to boost turnout during elections by going door to door and asking voters if they have completed their mail-in ballot. Democrats used the method aggressively in minority communities and argued their success prompted the new GOP-sponsored law. Republicans argued the law was aimed at preventing election fraud. Arizona Attorney General Mark Brnovich, a Republican, said in a statement he is pleased the court will hear the case. The justices also said Friday they will review a longstanding effort by the Federal Communications Commission to relax restrictions in individual media markets on ownership of different forms of media — TV stations and newspapers — over fears that it would leave fewer outlets controlled by minorities. The court also will take up cases involving how immigration officials evaluate the claims of asylum seekers and a lawsuit by the city of Baltimore against BP Inc. and other energy companies seeking money for their contribution to climate change, although the issue before the justices is a technical one involving where the case should be heard. The Supreme Court has already filled its argument calendar through December, so none of the cases will be argued before January 2021.

Virus spreads on panel handling Supreme Court nomination

Two Republican members of the Senate Judiciary Committee have tested positive for the coronavirus, raising questions about the timing of Supreme Court confirmation hearings for Judge Amy Coney Barrett and whether additional senators may have been exposed. Senate Majority Leader Mitch McConnell declared the confirmation process was going “full steam ahead.” North Carolina Sen. Thom Tillis and Utah Sen. Mike Lee both said Friday that they had tested positive for the virus. Both had attended a ceremony for Barrett at the White House on Sept. 25 with President Donald Trump, who announced Friday that he had tested positive and was later hospitalized at Walter Reed National Military Medical Center. Lee, who did not wear a mask at the White House event, said he had “symptoms consistent with longtime allergies.” Tillis, who did wear a mask during the public portion of the event, said he had “mild symptoms.” Both said they would quarantine for 10 days — ending just before Barrett’s confirmation hearings begin on Oct. 12. The positive tests come as Senate Republicans are pushing to quickly confirm Barrett in the few weeks they have before the Nov. 3 election. There is little cushion in the schedule set out by Judiciary Committee Chairman Lindsey Graham and McConnell, who want to put a third Trump nominee on the court immediately in case they lose any of their power in the election. Democrats, many of whom have been critical of Barrett, seized on the virus announcements to call for a delay in the hearings. “We now have two members of the Senate Judiciary Committee who have tested positive for COVID, and there may be more,” tweeted Senate Democratic leader Chuck Schumer. “I wish my colleagues well. It is irresponsible and dangerous to move forward with a hearing, and there is absolutely no good reason to do so.” Several other members of the Judiciary panel attended the White House ceremony, including Missouri Sen. Josh Hawley, Nebraska Sen. Ben Sasse, Tennessee Sen. Marsha Blackburn and Idaho Sen. Mike Crapo. Blackburn said she tested negative after the event. Crapo said he “recently” had a negative test and a spokeswoman said he would be getting another one as soon as it could be arranged. A spokeswoman for Hawley said he was being tested Saturday, and the senator tweeted later that his coronavirus test came back negative. Sasse tested negative, but said in a statement that he would work remotely from his home state and undergo further testing due to his “close interaction with multiple infected individuals,” his office said. He said he planned to to return to Washington in time for the confirmation hearing.

Virus spreads on panel handling Supreme Court nomination

Two Republican members of the Senate Judiciary Committee have tested positive for the coronavirus, raising questions about the timing of Supreme Court confirmation hearings for Judge Amy Coney Barrett and whether additional senators may have been exposed. Senate Majority Leader Mitch McConnell declared the confirmation process was going “full steam ahead.” North Carolina Sen. Thom Tillis and Utah Sen. Mike Lee both said Friday that they had tested positive for the virus. Both had attended a ceremony for Barrett at the White House on Sept. 25 with President Donald Trump, who announced Friday that he had tested positive and was later hospitalized at Walter Reed National Military Medical Center. Lee, who did not wear a mask at the White House event, said he had “symptoms consistent with longtime allergies.” Tillis, who did wear a mask during the public portion of the event, said he had “mild symptoms.” Both said they would quarantine for 10 days — ending just before Barrett’s confirmation hearings begin on Oct. 12. The positive tests come as Senate Republicans are pushing to quickly confirm Barrett in the few weeks they have before the Nov. 3 election. There is little cushion in the schedule set out by Judiciary Committee Chairman Lindsey Graham and McConnell, who want to put a third Trump nominee on the court immediately in case they lose any of their power in the election. Democrats, many of whom have been critical of Barrett, seized on the virus announcements to call for a delay in the hearings. “We now have two members of the Senate Judiciary Committee who have tested positive for COVID, and there may be more,” tweeted Senate Democratic leader Chuck Schumer. “I wish my colleagues well. It is irresponsible and dangerous to move forward with a hearing, and there is absolutely no good reason to do so.” Several other members of the Judiciary panel attended the White House ceremony, including Missouri Sen. Josh Hawley, Nebraska Sen. Ben Sasse, Tennessee Sen. Marsha Blackburn and Idaho Sen. Mike Crapo. Blackburn said she tested negative after the event. Crapo said he “recently” had a negative test and a spokeswoman said he would be getting another one as soon as it could be arranged. A spokeswoman for Hawley said he was being tested Saturday, and the senator tweeted later that his coronavirus test came back negative. Sasse tested negative, but said in a statement that he would work remotely from his home state and undergo further testing due to his “close interaction with multiple infected individuals,” his office said. He said he planned to to return to Washington in time for the confirmation hearing.

Wednesday, September 23, 2020

Senate GOP plans vote on Trump’s court pick before election

Votes in hand, Senate Republicans are charging ahead with plans to confirm President Donald Trump’s pick to fill the late Justice Ruth Bader Ginsburg’s Supreme Court seat before the Nov. 3 election, launching a divisive fight over Democratic objections before a nominee is even announced. Trump said Tuesday he will name his choice Saturday, confident of support. Democrats say it’s too close to the election, and the winner of the presidency should name the new justice. But under GOP planning, the Senate could vote Oct. 29. “I guess we have all the votes we’re going to need,” Trump told WJBX FOX 2 in Detroit. “I think it’s going to happen.” Republicans believe the court fight will energize voters for Trump, boosting the party and potentially deflating Democrats who cannot stop the lifetime appointment for a conservative justice . The Senate is controlled by Republicans, 53-47, with a simple majority needed for confirmation. The one remaining possible Republican holdout, Mitt Romney of Utah, said Tuesday he supports taking a vote. Still, with early presidential voting already underway in several states, all sides are girding for a wrenching Senate battle over health care, abortion access and other big cases before the court and sure to further split the torn nation. It is one of the quickest confirmation efforts in recent times. No court nominee in U.S. history has been considered so close to a presidential election. And it all comes as the nation is marking the grave milestone of 200,000 deaths from the coronavirus pandemic. During a private lunch meeting Tuesday at Senate GOP campaign headquarters, several Republican senators spoke up in favor of voting before the election. None advocated a delay. Elsewhere, as tributes poured in for Ginsburg with vigils and flowers at the court’s steps, Democrats led by presidential nominee Joe Biden vowed a tough fight. The Senate Democratic leader, Chuck Schumer, said “we should honor her dying wish,” which was that her seat not be filled until the man who wins the presidential election is installed, in January. But that seemed no longer an option. So far, two Republicans have said they oppose taking up a nomination at this time, but no others are in sight. Under Senate rules, Vice President Mike Pence could break a tie vote.

Thursday, September 17, 2020

Norfolk courts latest in Virginia OK'd for jury trials

One of Virginia’s largest courts will restart jury trials next week, six months after the COVID-19 pandemic forced the Tidewater-area judges to halt them. Norfolk Circuit Court is one of four courts statewide that the Virginia Supreme Court has allowed to conduct jury trials again, The Virginian-Pilot of Norfolk reported. The Supreme Court banned all lower courts from conducting jury trials starting in mid-May, but Norfolk already had postponed them in mid-March. Courts can petition the high court to restart jury trials. Potential jurors in Norfolk Circuit Court will be kept in small groups, have to wear face masks and practice social distancing. Once in court, they won’t sit in jury boxes but in seats 6 feet (1.8 meters) apart, and they’ll decide verdicts in an empty court room, rather than in a special side room normally used. Norfolk’s judges already have been holding in-person hearings of several types, including bench trials in which a judge renders a verdict. The Supreme Court also has allowed jury trials again in Alleghany, Henrico and Stafford counties.

Supreme Court to stick with arguments via telephone, for now

The Supreme Court said Wednesday it will start its new term next month the way it ended the last one, with arguments by telephone because of the coronavirus pandemic and live audio available to the public. With 87-year-old Justice Ruth Bader Ginsburg being treated for cancer and five of her colleagues also age 65 or older, the court is taking no chances that putting the justices in close proximity to each other might make them more vulnerable to catching the virus. “In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely," the court said in a statement. The court will decide at a later date how to hold arguments in November and December. The court held arguments by telephone in May for the first time, and made the audio available live, also a first for the tradition-bound court. All the justices asked questions during 10 arguments, even the normally taciturn Clarence Thomas. Ginsburg took part from a hospital room one day when she was being treated for possible infection. She withheld her latest cancer diagnosis until after the term ended in mid-July, when she said she was undergoing chemotherapy for lesions on her liver, but planned to continue serving on the court.

Friday, September 11, 2020

Black Democrat urges governor to drop Black court nominee

A Black Democratic state lawmaker who is challenging the appointment of a Black woman to the Florida Supreme Court contended Thursday that Republican Gov. Ron DeSantis is engaging in “racial tokenism” by choosing someone the court itself has already ruled is not eligible for the position. State Rep. Geraldine Thompson said in an online news conference that DeSantis only chose Renatha Francis for the high court because she shares his conservative ideology, not because he is trying to achieve racial diversity. Thompson says Francis doesn’t meet the constitutional requirement of being a Florida Bar member for at least 10 years, a point the Supreme Court noted two weeks ago when it ruled DeSantis had exceeded his authority by appointing an ineligible candidate. The court did not undo the appointment, however. “He wants to throw the rulebook out the window and do whatever he wants to do,” Thompson said. “That’s not what our country is supposed to be about.” Thompson wants the governor to rescind the appointment. She spoke a day after DeSantis defended his choice at an event Wednesday alongside several Black elected officials who support Francis' appointment. The governor appointed Francis in May with the understanding that she would not actually sit on the court until she is eligible. She will complete 10 years in the bar in two weeks. DeSantis accused Thompson of blocking the appointment for political reasons. He noted that no other Blacks currently serve on the court. But Thompson argued that DeSantis only wanted the “right" Black person on the court. “It was clearly about ideology and sharing the same perspective he had," she said. “This is one of the worst and most egregious examples of racial tokenism that I have seen in my life.” Francis, currently a circuit judge in Palm Beach County, would not be the first Black woman to serve on the Supreme Court but would be the first Caribbean-American to do so. She operated a bar and trucking company in Jamaica before moving to the United States as an adult and working her way through law school. Thompson represents portions of the Orlando suburbs, including Disney World and Universal Studios. At the event Wednesday, DeSantis accused Thompson of hypocrisy, saying that she had been among those pushing for a Black justice and now that he has appointed one, she doesn't like her. He said her opposition would force him to choose from a list that includes no Black candidates. Thompson countered that a governor can't simply ignore the Florida Constitution.

Saturday, September 5, 2020

Germany calls for US to back off from world court sanctions

Germany on Friday added its voice to criticism of U.S. sanctions against two top officials of the International Criminal Court, appealing to Washington to withdraw the measures and describing them as “a serious mistake.” The comments by Foreign Minister Heiko Maas followed calls Thursday for the U.S. to reverse course from his French counterpart and European Union foreign policy chief Josep Borrell. U.S. Secretary of State Mike Pompeo announced sanctions Wednesday against the chief prosecutor of the court, based in The Hague, and a top aide, for continuing investigations into the United States and its allies. The sanctions include a freeze on assets held in the U.S. or subject to U.S. law and target prosecutor Fatou Bensouda and the court’s head of jurisdiction, Phakiso Mochochoko. Pompeo had previously imposed a travel ban on Bensouda and other tribunal employees over investigations into allegations of torture and other crimes by Americans in Afghanistan. The U.S. has never been party to the court. Pompeo said the U.S. would not tolerate “its illegitimate attempts to subject Americans to its jurisdiction.” Germany's Maas said that “we have full confidence in the work of the International Criminal Court and consider it a serious mistake that the U.S. has decided on this further step.” “We are continuing to work for the International Criminal Court to be able to fulfill unhindered its indispensable role in the the international fight against impunity, and appeal to the United States to withdraw the measures,” Maas said in a statement.

Saturday, August 15, 2020

9th Circuit ends California ban on high-capacity magazines

A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms. “Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.” He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.” California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.” Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place. But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago. Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court. Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure. “I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday. California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned. The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court’s jurisdiction.

Thursday, August 6, 2020

Court upholds health order fines for New Mexico businesses

The New Mexico Supreme Court on Tuesday unanimously upheld the governor’s authority to fine businesses up to $5,000 a day for violating state emergency health orders aimed at slowing the spread of COVID-19. The court heard arguments from a group of business owners who claimed the administration of Gov. Michelle Lujan Grisham overstepped its authority in imposing fines higher than $100 citations. The five-member court ruled without dissent against the business owners who sued. Chief Justice Michael Vigil said the “Legislature has clearly given the governor that authority.” The court did not make a decision on another claim that the restrictions in response to the pandemic may require government compensation for businesses. Carter Harrison, an attorney for several business owners, contended that the health order violations could be sanctioned with fines of up to $100 and up to six months in jail. But Matthew Garcia, a lawyer for the administration, said Lujan Grisham has the authority to impose steep fines. “What we’re trying to get here is immediate compliance because the only tool we currently have to stem the transmission of COVID-19 is social distancing,” Garcia told the justices. State officials have issued the $5,000 daily fines to 16 businesses amid a backlash against the public health orders affecting restaurants and other establishments. State Republican Party Chairman Steve Pearce condemned the court’s decision and promised to make it an issue in November elections as two appointed Democratic justices defend their seats. Justice Shannon Bacon is confronting Republican Ned Fuller, a deputy district attorney in San Juan County, while Justice David Thomson is running against Republican former prosecutor Kerry Morris of Albuquerque. Lujan Grisham was an early adopter of hard-line stay-at-home orders and business restrictions that still prohibit indoor restaurant service, require face masks in public, ban public gatherings of more than four people and suspend classroom attendance at public schools. Major steps toward reopening the economy have been delayed until at least the end of August amid a July surge in cases in New Mexico and the neighboring states of Arizona and Texas.

Tuesday, July 28, 2020

Court hears testimony on whether Assange was spied on

Spain’s National Court heard testimony Monday in an investigation into whether a Spanish company was hired to spy on Julian Assange during the seven years the WikiLeaks founder spent in the Ecuadorean Embassy in London. The court is investigating whether David Morales, a Spaniard, and his Undercover Global S.L. security agency invaded the privacy of Assange and his visitors at the embassy by secretly recording their meetings. The intelligence that Morales’ company collected is suspected of being handed over to third parties, according to court papers. Among those set to face the court's questions Monday were prominent Spanish lawyer Baltasar Garzon, who is part of Assange’s legal team; former Ecuadorean consul in London Fidel Narvaez; and Stella Morris, a legal adviser and Assange’s partner, who revealed earlier this year that she had two children with him while he lived in the embassy. Staff of the Spanish security company are due to testify on Tuesday. Assange, whose lawyers filed a complaint at the court to trigger the investigation, is in a British prison after being removed from the embassy last year. He is fighting extradition to the United States, where he faces espionage charges over the activities of WikiLeaks. The court is conducting an investigation, begun last year, before deciding whether there is evidence of wrongdoing that warrants a trial. Undercover Global, also known as UC Global, was hired by Ecuador’s government to provide security at the Ecuadorean embassy in London between 2015 and 2018. Its main task was to secure the property’s perimeter, including the deployment of security staff, due to Assange’s presence inside, court papers say.

Saturday, July 18, 2020

New Orleans City Council President Jason Williams

New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday. Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported. The two were charged in an 11-count indictment last month following a yearslong investigation led by the Internal Revenue Service and the FBI. Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516. Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions. Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate. A preliminary trial date for the case was set for Sept. 14.

Sunday, July 12, 2020

Ex-Trump lawyer Michael Cohen back in federal prison

President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic. Records obtained by The Associated Press said Cohen was ordered into custody after he “failed to agree to the terms of Federal Location Monitoring” in Manhattan. But Cohen’s attorneys disputed that, saying Cohen took issue with a condition of his home confinement that forbid him from speaking with the media and publishing a tell-all book he began working on in federal prison. The rules also prohibited him from “posting on social media,” the records show. “The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” the document says. Cohen has written a tell-all book that he had been preparing to publish about his time working for the Trump Organization, his lawyers said. “Cohen was sure this was written just for him,” his attorney, Jeffrey Levine, said of the home confinement conditions. “I’ve never seen anything like this.” A Justice Department official pushed back on that characterization and said Cohen had refused to accept the terms of home confinement, specifically that he submit to wearing an ankle monitor. The official could not discuss the matter publicly and spoke to AP on condition of anonymity. Cohen legal adviser Lanny Davis called that “completely false,” adding that “at no time did Michael ever object to the ankle bracelet.” Cohen later agreed to accept all of the requirements of home confinement but was taken into custody nevertheless, Davis said. “He stands willing to sign the entire document if that’s what it takes” to be released.

Sunday, June 28, 2020

Supreme Court doesn’t wade into Texas mail-in voting battle

The U.S. Supreme Court on Friday rejected a request by Texas Democrats to allow all of the state’s 16 million registered voters to vote by mail during the coronavirus pandemic. The denial is not the end of the ongoing battle over mail-in voting in Texas, but it remains a loss for Democrats who made the emergency ruling request while the original case is tied up at the 5th U.S. Circuit Court of Appeals. Justice Sonia Sotomayor urged the lower court to consider the case “well in advance of the November election.” Voting by mail in Texas is generally limited to those 65 or older or those with a “sickness or physical condition” that prevents voting in person. For months, Republican Texas Attorney General Ken Paxton has fought expanding mail-in balloting during the pandemic, saying fear of contracting the virus is an insufficient reason. A federal judge in Texas sided with Democrats in May, but that decision is on hold pending appeal. Early voting in Texas begins Monday for primary runoff elections that had been postponed to July over coronavirus fears, but Texas is now one of the nation’s coronavirus hotspots as confirmed cases reach record levels and Gov. Greg Abbott reimposes restrictions.

Tuesday, June 23, 2020

Supreme Court rules SEC can recoup money in fraud cases

The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases. By an 8-1 vote, the justices ruled that the Securities and Exchange Commission can seek to recover the money through a process called disgorgement. Last year, the SEC obtained $3.2 billion in repayment of profits from people who have been found to violate securities law. “The Court holds today that a disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief permissible" under federal law, Justice Sonia Sotomayor wrote for the court. Justice Clarence Thomas dissented. The Supreme Court in 2017 unanimously limited the SEC’s ability to go after profits where alleged fraud has been going on for years before authorities file charges. That case left open the question the high court answered Monday, that courts have the authority to order disgorgement of profits. The SEC has continued to aggressively pursue defendants’ profits in fraud cases.

Saturday, June 20, 2020

Simple math suggests complex back story at Supreme Court

Organizers of a Michigan ballot drive to prohibit discrimination against gay, lesbian and transgender people said Monday they were evaluating whether to continue following a major victory in the U.S. Supreme Court. Fair and Equal Michigan launched the ballot effort in January after years of being unable to pass LGBT protections through the Republican-led state Legislature. The proposal would change a 1976 civil rights law that bans discrimination based on sexual orientation or gender identity in employment, housing and public accommodations. The Supreme Court ruled Monday that a key provision of a 1964 federal law that bars job discrimination due to sex encompasses bias against LGBT workers. The 6-3 decision does not directly affect discrimination in housing or public facilities. One of the lawsuits was brought by a Detroit-area transgender woman who was fired by a funeral home after she no longer wanted to be recognized as a man. Aimee Stephens died last month. Trevor Thomas, co-chairman of the ballot committee, called the ruling “great news” and said the group’s lawyer would advise “how it will impact people in the state of Michigan and our campaign moving forward.”

Friday, June 12, 2020

UConn student fugitive in court on murder charge, police say

A University of Connecticut student, who police say used a machete to kill a man, fatally shot a high school acquaintance, and then spent six days as a fugitive, will be arraigned Friday on murder and other charges, authorities said. Peter Manfredonia, 23, will be arraigned in Rockville Superior Court in the May 22 death of Ted DeMers in nearby Willington, Connecticut, Trooper Josue Dorelus said at a news briefing. It was not clear whether Manfredonia has an attorney who could comment on his behalf about the charges. Manfredonia is accused of killing DeMers, 62, and seriously wounding another man in the machete attack. Two days later, police say, Manfredonia stole a truck and guns and fatally shot high school acquaintance Nicholas Eisele, 23, in Derby, Connecticut. He is being held on a $5 million bond. He is charged with murder, criminal attempt to commit murder, assault, home invasion, kidnapping with a firearm, robbery, larceny, stealing a firearm and assault on an elderly person. State police said further charges will be filed in Eisele's death and the kidnapping of Eisele's girlfriend, who was later found unharmed in New Jersey.

Brazil obeys court order to resume providing full virus data

A Brazilian Supreme Court justice ordered the government of President Jair Bolsonaro to resume publication of full COVID-19 data, including the cumulative death toll, following allegations the government was trying to hide the severity of the pandemic in Latin America’s biggest country. Justice Alexandre de Moraes said late Monday that the government is obliged to provide necessary information to Brazilian citizens, days after the Health Ministry scrubbed the cumulative death toll from the new coronavirus from its website. De Moraes said in his decision that the gravity of the pandemic, which has killed more than 38,400 Brazilians, requires transparency from the government as the country shapes policies to curb the virus. Brazil’s health ministry stopped publishing the number of total COVID-19 deaths and confirmed coronavirus cases on Friday. The restriction on the release of data, combined with its announcement after evening news programs had ended, generated widespread criticism. Gilmar Mendes, another Supreme Court justice, said Saturday that manipulation of data is a tactic of authoritarian regimes and that hiding the numbers wouldn’t exempt the government from responsibility for the pandemic’s heavy toll in Brazil. Facing intense criticism, a top Health Ministry official told reporters Monday night that the ministry would restore the cumulative death toll to its website, but with changes to the methodology for how daily deaths are tallied.

Tuesday, June 2, 2020

Wisconsin Supreme Court agrees to hear voter purge case

The Wisconsin Supreme Court on Monday agreed to hear a case seeking to purge about 129,000 voter registrations from the rolls ahead of the November presidential election after previously deadlocking on whether to get involved. Democrats oppose the voter purge, arguing it is intended to make it more difficult for their voters to cast ballots. Conservatives who brought the lawsuit argue that the integrity of the vote is at stake, saying that when records indicate voters may have moved, their registrations should be deactivated. The case is closely watched in battleground Wisconsin, a state President Donald Trump won by fewer than 23,000 votes in 2016. Winning Wisconsin is a key part of the strategy for both Trump and presumptive Democratic nominee Joe Biden. he voter purge case was brought on behalf of three voters by the Wisconsin Institute for Law and Liberty, a conservative law firm. It won in Ozaukee County, with a judge ordering in January that the purge take place immediately. The Supreme Court deadlocked then when asked to immediately take the case. In February, a state appeals court reversed the lower court’s ruling, stopped the purge and dismissed the case. That set up the latest request made in March for the Supreme Court to hear the case, which it agreed to do on Monday. It is likely to hear arguments this summer or early fall and could issue a ruling before the November election.

Sunday, May 24, 2020

Supreme Court blocks House from Mueller grand jury material

The Supreme Court on Wednesday temporarily prevented the House of Representatives from obtaining secret grand jury testimony from special counsel Robert Mueller’s Russia investigation. The court’s unsigned order granted the Trump administration’s request to keep previously undisclosed details from the investigation of Russian interference in the 2016 election out of the hands of Democratic lawmakers, at least until early summer. The court will decide then whether to extend its hold and schedule the case for arguments in the fall. If it does, it’s likely the administration will be able to put off the release of any materials until after Election Day. Arguments themselves might not even take place before Americans decide whether to give President Donald Trump a second term. For justices eager to avoid a definitive ruling, the delay could mean never having to decide the case, if either Trump loses or Republicans regain control of the House next year. It’s hard to imagine the Biden administration would object to turning over the Mueller documents or House Republicans would continue to press for them. House Speaker Nancy Pelosi objected to the high court’s decision in a statement Wednesday evening. “The House’s long-standing right to obtain grand jury information pursuant to the House’s impeachment power has now been upheld by the lower courts twice,” Pelosi said. “These rulings are supported by decades of precedent and should be permitted to proceed.” The federal appeals court in Washington ruled in March that the documents should be turned over because the House Judiciary Committee’s need for the material in its investigation of Trump outweighed the Justice Department’s interests in keeping the testimony secret.

Court upholds ban on in-person church services in California

An appeals court has upheld California Gov. Gavin Newsom’s ban on in-person church services amid the coronavirus pandemic, in a split ruling that found that government’s emergency powers override what in normal times would be fundamental constitutional rights. The 9th Circuit Court of Appeals ruled Friday that the South Bay United Pentecostal Church in San Diego cannot reopen immediately, the Los Angeles Times reported. In this case “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” the two judges in the majority wrote in their order. “We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote. The decision is likely to further anger opponents who claim that California’s rules to stop the spread of the virus violate religious freedoms.

Sunday, May 17, 2020

Lawyer: Security video in Arbery case may show water breaks

A young black man filmed by a security camera walking through a home under construction in December and in February may have stopped at the site for a drink of water, according to an attorney for the homeowner thrust into the investigation of the fatal shooting of Ahmaud Arbery. Arbery was killed Feb. 23 in a pursuit by a white father and son who armed themselves after the 25-year-old black man ran past their yard just outside the port city of Brunswick. Right before the chase, Arbery was recorded inside an open-framed home being built on the same street. Gregory McMichael, 64, and Travis McMichael, 34, have been jailed on murder charges since May 7. The elder McMichael told police he suspected Arbery was responsible for recent break-ins in the neighborhood. He also said Arbery attacked his son before he was shot. Arbery’s mother has said she believes her son was merely out jogging. On Friday, an attorney for the owner of the house under construction released three security camera videos taken Dec. 17, more than two months before the shooting. They show a black man in a T-shirt and shorts at the site. In the final clip, he walks a few steps toward the road, then starts running at a jogger's pace. “It now appears that this young man may have been coming onto the property for water,” J. Elizabeth Graddy, the attorney for homeowner Larry English, said in a statement. “There is a water source at the dock behind the house as well as a source near the front of the structure. Although these water sources do not appear within any of the cameras’ frames, the young man moves to and from their locations.” A man in similar clothes appears briefly in another security video taken at the home construction site Feb. 11, less than two weeks before the shooting. Graddy said that person appears to be the same man shown in the Dec. 17 videos.

Sunday, May 3, 2020

Wisconsin court sets argument date for stay-at-home lawsuit

The Wisconsin Supreme Court announced Friday that it will hear oral arguments early next week in a lawsuit seeking to block Democratic Gov. Tony Evers’ stay-at-home order. The justices ruled 6-1 to accept the case and scheduled oral arguments for Tuesday morning via video conference. The arguments are expected to last at least 90 minutes. The ruling said the court will consider whether the order was really an administrative rule and whether Palm was within her rights to issue it unilaterally. Even if the order doesn’t qualify as a rule, the court said it will still weigh whether Palm exceeded her authority by “closing all ‘nonessential’ businesses, ordering all Wisconsin persons to stay home, and forbidding all “nonessential’ travel.’” Conservatives hold a 5-2 majority on the court. Liberal Justice Rebecca Dallet cast the lone dissenting vote. The ruling didn’t include any explanation from her. Evers initially issued the stay-at-home order in March. It was supposed to expire on April 24 but state Department of Health Services Secretary Andrea Palm extended it until May 26 at Evers’ direction. The order closed schools, shuttered nonessential businesses, limited the size of social gatherings and prohibits nonessential travel. The governor has said the order is designed to slow the virus’ spread, but Republicans have grown impatient with the prohibitions, saying they’re crushing the economy. Republican legislators filed a lawsuit directly with the conservative-controlled Supreme Court last month challenging the extension. They have argued that the order is really an administrative rule, and Palm should have submitted it to the Legislature for approval before issuing it.

Sunday, April 19, 2020

Court issues temporary restraining order on Gov. Kelly's order

A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening. Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.” A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita. Court issues temporary restraining order on Gov. Kelly's order The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly. A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening. Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.” A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita. The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.

Sunday, April 12, 2020

Kansas' high court rules for governor on religious services

The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic. The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing. The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that. The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. “In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.

Saturday, March 21, 2020

Fight over jaguar habitat in Southwest heads back to court

A federal appeals court is ordering a U.S. district judge in New Mexico to reconsider a case involving a fight over critical habitat for the endangered jaguar in the American Southwest. Groups representing ranchers had sued, arguing that a 2014 decision by the U.S. Fish and Wildlife Service to set aside thousands of acres for the cats was arbitrary and violated the statute that guides wildlife managers in determining whether certain areas are essential for the conservation of a species. With the order released this week, the 10th Circuit Court of Appeals overturned an earlier ruling that had sided with the Fish and Wildlife Service. Jaguars are currently found in 19 countries. Several individual male jaguars have been spotted in Arizona and New Mexico over the last two decades but there's no evidence of breeding pairs establishing territories beyond northern Mexico. Shrinking habitats, insufficient prey, poaching and retaliatory killings over livestock deaths are some of the things that have contributed to the jaguar’s decline in the Southwest over the past 150 years. Under a recovery plan finalized last year, Mexico as well as countries in Central and South America would be primarily responsible for monitoring jaguar movements within their territory. Environmentalists have criticized the plan, saying the U.S. government is overlooking opportunities for recovery north of the international border.

Court affirms conviction in hot-grease injuries to wife

The Mississippi Supreme Court has affirmed the conviction of a man who injured his wife by dousing her with hot grease after she said she was planning to leave him. Justices handed down a unanimous decision Thursday in the appeal of Kendall Woodson, 42, of Greenwood, the Greenwood Commonwealth reported. “We cannot find any arguable issue for appeal or reversible error committed by the trial court,” Justice David Ishee wrote in upholding the conviction. Woodson was convicted in 2017 of domestic aggravated assault and sentenced to 20 years in prison. He is in the Holmes/Humphreys County Correctional Facility in Lexington. Woodson and his wife had been married for 20 years at the time of the assault. According to court records, Anita Woodson testified that she got home from work around 12:45 a.m. on Aug. 6, 2015. During an argument, she told her husband she was going to leave him the next day. She fell asleep, then woke up when Kendall Woodson pulled her up by the hair, began beating her and poured hot cooking oil on her head, while threatening to kill her. Anita Woodson was severely burned and received a concussion.

Saturday, February 22, 2020

Court reinstates order for Russia to pay $50 bln over Yukos

s order that it should pay $50 billion compensation to shareholders in former oil company Yukos. The ruling overturned a 2016 decision by The Hague District Court that quashed the compensation order on the grounds that the arbitration panel did not have jurisdiction because the case was based on an energy treaty that Russia had signed but not ratified. The Hague Court of Appeal ruled that the 2016 decision “was not correct. That means that the arbitration order is in force again.” “This is a victory for the rule of law. The independent courts of a democracy have shown their integrity and served justice. A brutal kleptocracy has been held to account,” Tim Osborne, the chief executive of GML, a company made up of Yukos shareholders, said in a statement. The Russian Justice Ministry said in a statement after the verdict that Russia will appeal. It charged that the Hague appeals court “failed to take into account the illegitimate use by former Yukos shareholders of the Energy Charter Treaty that wasn’t ratified by the Russian federation.” The arbitration panel had ruled that Moscow seized control of Yukos in 2003 by hammering the company with massive tax claims. The move was seen as an attempt to silence Yukos CEO Mikhail Khodorkovsky, a vocal critic of President Vladimir Putin. The 2014 arbitration ruling said that Russia was not acting in good faith when it levied the massive claims against Yukos, even though some of the company’s tax arrangements might have been questionable.

Walker appointee, judge, prof face off in high court primary

Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday. Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake. The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023. Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution. Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School. She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.

Thursday, February 6, 2020

Court throws out 50-year sentence for man who killed wife

The Michigan appeals court has thrown out a 50-year prison sentence for a former Cub Scout leader and teacher who was convicted of killing his wife. Andrew Farley Jr. of Grand Blanc Township was convicted of second-degree murder. But the appeals court said a Genesee County judge sentenced him as if he had been convicted of premeditated first-degree murder. The appeals court last week applied a 2019 Michigan Supreme Court decision and sent the case back to Flint. Farley’s guidelines had called for a minimum prison sentence between 13 years and 22 years. Investigators said Farley in 2014 struck Tiffany Caine-Smith Farley with a flashlight and stabbed her six times. Farley claimed his wife told him that he “disgusted her” and that he was “not a man.” “I did not intend to kill my wife,” Farley said in 2015. “I hurt because of this.”

Missouri county sued over jail time for unpaid court costs

A Missouri man at the heart of a state Supreme Court case that overturned what critics called modern-day debtors’ prisons is back in jail and suing the local officials who put him there. Warrensburg resident George Richey, 65, is one of two Missouri men who sued over boarding costs for time spent in county jails, which are commonly referred to as board bills. Richey spent 65 days in jail in 2016 for not paying past board bills. Supreme Court judges last year unanimously sided with him, writing in an opinion that while inmates are responsible for those costs, “if such responsibilities fall delinquent, the debts cannot be taxed as court costs and the failure to pay that debt cannot result in another incarceration.” The nonprofit legal defense organization ArchCity Defenders on Tuesday sued St. Clair County and Associate Circuit County Judge Jerry Rellihan on behalf of Richey for the harm caused by his unlawful imprisonment. Richey’s lawyers wrote in a Tuesday court filing that the time he spent in jail meant he lost “his home, all of his personal belongings, and lived in constant fear of arrest for the past four years.” “I have the clothes on my back, but that’s it. This has caused me to lose everything,” Richey said in a statement. “I’m not the only one these counties are picking on, and I’m taking a stand because these crooked practices can’t continue.” Associated Press requests for comment to St. Clair County officials were not immediately returned Wednesday. Richey’s lawyers also argued that the judge retaliated against him for taking his board bill case to the Supreme Court. Three months after the high court’s ruling, Rellihan sentenced Richey to more than two years in county jail for probation violations and misdemeanor counts of assault, trespassing and disturbing the peace.

WADA asks sports court to open Russia case to public hearing

The World Anti-Doping Agency wants a rare public hearing for sport’s highest court to judge a four-year slate of punishments faced by Russia for persistent cheating. The Court of Arbitration for Sport is preparing a hearing expected within weeks for the blockbuster case in Switzerland. “It is WADA’s view ? and that of many of our stakeholders ? that this dispute at CAS should be held in a public forum to ensure that everybody understands the process and hears the arguments,” the Montreal-based agency’s director general, Olivier Niggli, said in a statement. Urged on by President Vladimir Putin, Russia’s anti-doping agency, known as RUSADA, is formally challenging a WADA ruling in December to declare it non-compliant after key data from the Moscow testing laboratory was corrupted. The CAS panel of three judges will have power to enforce WADA-recommended sanctions including a ban on Russia’s team name, flag and anthem at Olympic Games and world championships. WADA also wants Russian athletes to compete as neutrals at the Olympics and major events only if they pass a vetting process which examines their history of drug testing and possible involvement in lab cover-ups of positive tests. CAS hearings can be opened to media and public observers in some cases when both parties consent. The court held its first public hearing for 20 years in November when WADA appealed a ruling by swimming’s world body not to ban China’s three-time Olympic gold medalist Sun Yang for alleged doping rule violations.

Thursday, January 9, 2020

Court reverses $35M verdict against Jehovah’s Witnesses

The Montana Supreme Court on Wednesday reversed a $35 million judgment against the Jehovah’s Witnesses for not reporting a girl’s sexual abuse to authorities. Montana law requires officials, including clergy, to report child abuse to state authorities when there is reasonable cause for suspicion. However, the state’s high court said in its 7-0 decision that the Jehovah’s Witnesses fall under an exemption to that law in this case. “Clergy are not required to report known or suspected child abuse if the knowledge results from a congregation member’s confidential communication or confession and if the person making the statement does not consent to disclosure,” Justice Beth Baker wrote in the opinion. The ruling overturns a 2018 verdict awarding compensatory and punitive damages to the woman who was abused as a child in the mid-2000s by a member of the Thompson Falls Jehovah’s Witness congregation. The woman had accused the church’s national organization of ordering Montana clergy members not to report her abuse to authorities. The Montana case is one of dozens that have been filed nationwide over the past decade saying Jehovah’s Witnesses mismanaged or covered up the sexual abuse of children. The attorney for the Jehovah’s Witnesses, Joel Taylor, said in a statement that there are no winners in a case involving child abuse. ”No child should ever be subjected to such a debased crime,“ Taylor said. “Tragically, it happens, and when it does Jehovah’s Witnesses follow the law. This is what the Montana Supreme Court has established. ” The woman’s attorney, Jim Molloy, read a prepared statement: “This is an extremely disappointing decision, particularly at this time in our society when religious and other institutions are covering up the sexual abuse of children.” The Montana woman’s abuse came after the congregation’s elders disciplined the man over allegations of abusing two other family members in the 1990s and early 2000s, the woman’s lawsuit said.