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Ex-Trump lawyer Michael Cohen back in federal prison
Law School News | 2020/07/14 09:42
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.



Lawyer: Over 150 Minneapolis officers seeking disability
Blog Updates | 2020/07/11 09:06
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.

Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.

While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.

“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”

He said many officers he represents were at a precinct that police abandoned  as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.

Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.

“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.

Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.

Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.

The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.


Supreme Court upholds cellphone robocall ban
Headline Topics | 2020/07/07 10:08
The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones.

The case, argued by telephone in May because of the coronavirus pandemic, only arose after Congress in 2015 created an exception in the law that allowed the automated calls for collection of government debt.

Political consultants and pollsters were among those who asked the Supreme Court to strike down the entire 1991 law that bars them from making robocalls to cellphones as a violation of their free speech rights under the Constitution. The issue was whether, by allowing one kind of speech but not others, the exception made the whole law unconstitutional.

Six justices agreed that by allowing debt collection calls to cellphones Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment,” Justice Brett Kavanaugh wrote. And seven justices agreed that the 2015 exception should be stricken from the law.

“Americans passionately disagree about many things. But they are largely united in their disdain for robocalls,” Kavanaugh noted at the outset of his opinion.

During arguments in the case in May, Justice Stephen Breyer got cut off when someone tried calling him. Breyer said after he rejoined the court’s arguments: “The telephone started to ring, and it cut me off the call and I don’t think it was a robocall.”



UK judge says Amber Heard can be in court for Depp testimony
Headline Topics | 2020/07/05 10:10
Johnny Depp’s lawyers have failed to stop the American actor’s ex-wife, Amber Heard, from attending his libel trial against the British tabloid newspaper The Sun until she is called to give evidence.

In a court order published on Saturday, trial judge Andrew Nicol said that excluding Heard from the London courtroom before she testifies in the case “would inhibit the defendants in the conduct of their defense.”

Depp, 57, is suing The Sun’s publisher, News Group Newspapers, and Executive Editor Dan Wootton over a 2018 article claiming the actor was violent and abusive to Heard. He strongly denies the allegations.

Depp’s lawyers had asked the judge to keep Heard from attending the trial until the 34-year-old actress and model appears to give evidence, arguing that her testimony would be more reliable if she were not present in court when Depp was being cross-examined.

The judge noted it is News Group and Wootton, and not Heard, that are defending the claim, while conceding they will be relying “heavily” on what Heard says.



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