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Trump Has Successfully Gamed the Courts
Criminal Law Updates |
2019/12/10 05:38
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At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations.
What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump.
None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.
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Bill Cosby sex assault verdict upheld; spokesman lashes out
Class Action News |
2019/12/09 05:35
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Bill Cosby lost his bid to overturn his sexual assault conviction Tuesday, as an appeals court upheld the verdict in the first celebrity trial of the #MeToo era.
In its ruling, the Superior Court affirmed the right of prosecutors to call other accusers to bolster their case ? the same issue fought over in movie mogul Harvey Weinstein’s sexual assault trial, now set for Jan. 6.
Cosby’s lawyers had complained that the judge had let five women testify at last year’s retrial in suburban Philadelphia, although he had let just one woman testify at the first trial in 2017.
But the Superior Court said their testimony was evidence of Cosby’s “unique sexual assault playbook” and undermined any claim that he “was unaware of or mistaken about victim’s failure to consent.”
The prosecutor who took the case to trial praised Constand for inspiring other victims to come forward against powerful men. She went to police long before the #MeToo movement saw prominent men in entertainment, business, media and other fields brought down over their treatment of women.
“She came to law enforcement almost 15 years ago seeking justice for what was done to her,” Montgomery County District Attorney Kevin Steele said Tuesday. “The world is forever changed because of Andrea’s bravery.”
Lawyers for Cosby had argued eight issues on appeal. They challenged the judge’s decision to air Cosby’s damaging deposition testimony from a related lawsuit; said he had a binding promise from a former prosecutor that he would never be charged; and said a juror had prejudged Cosby’s guilt.
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Court to consider bathroom use by transgender student
Business Law Info |
2019/12/06 04:38
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A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.
The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.
Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.
The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.
The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity. |
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Afghanistan probe appeal begins at Hague international court
Court Feed News |
2019/12/04 12:40
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The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.
Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”
In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.
In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.
The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.
“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.
The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals. |
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Justices weigh dismissal of case over New York City gun law
Criminal Law Updates |
2019/11/30 12:50
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The Supreme Court considered Monday whether to dismiss the first gun rights case it has heard in nearly 10 years, an outcome that would come as a huge relief to gun-control advocates.
The justices heard arguments in a dispute over New York City restrictions on transporting licensed, locked and unloaded guns outside the city limits. New York has dropped its transport ban, but only after the high court decided in January to hear the case.
Gun-rights groups are hoping a conservative majority fortified by two appointees of President Donald Trump, Justices Neil Gorsuch and Brett Kavanaugh, would use the case to expand on landmark decisions from a decade ago.
But the court spent most of the hour trying to determine whether anything is left of the case brought by the National Rifle Association’s New York affiliate and three city residents.
Chief Justice John Roberts sought assurances from the city’s lawyer that New York police would not refuse to issue gun licenses to people who have may have violated the old law.
In urging the justices to get rid of the case, Richard Dearing, the city’s lawyer, said repeatedly that the city would not prosecute people for or deny licenses based on past violations.
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Ohio court will hear case over bullying, teacher liability
Class Action News |
2019/11/26 12:50
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The Ohio Supreme Court this week agreed to hear a case over whether educators were reckless in failing to prevent an injury to a student even though they had been notified she was being bullied by a fellow kindergartner.
The court will consider whether teachers and principals can be sued when a student is bullied under their supervision, The (Toledo) Blade reported.
In this case, one girl reportedly punctured another girl’s cheek with a pencil at Toledo’s DeVeaux Elementary School several years ago.
A Lucas County court concluded a teacher and two principals were protected from the resulting lawsuit by statutory immunity. But a 2-1 ruling by a state appeals court panel resurrected the lawsuit on the recklessness issue.
State law makes educators immune from liability unless they act with “malicious purpose, in bad faith, or in a wanton or reckless manner.”
The appeals court panel concluded there was some evidence of ongoing verbal and physical abuse in the Toledo case but no sign that attempts were made to keep the two girls apart.
The school employees said they spoke with both students after being told about the teasing and bullying. The teacher said she saw no sign of the injury and didn’t learn about it until days afterward. |
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