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New Mexico high court rules on privacy for banking records
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2020/06/20 10:14
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Prosecutors can obtain a person’s banking records using a warrantless grand jury subpoena without violating the individual’s right to privacy under New Mexico’s Constitution, the state Supreme Court has ruled.
In a unanimous decision Thursday, the justices concluded that a district court properly allowed the use of five years of personal financial records as evidence in a pending criminal case against a Taos couple facing charges of tax evasion and other finance-related offenses.
The high court rejected the married couple’s argument that the state’s Constitution provided greater privacy protections for their financial records than offered under the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable searches and seizures. The couple contended that a court-authorized warrant should have been required to obtain bank records.
The justices adhered to a decadesold legal doctrine established by the U.S. Supreme Court that people have no constitutionally protected privacy interest in the financial account records they voluntarily share with third parties. |
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International Criminal Court condemns US sanctions order
Headline Topics |
2020/06/13 10:27
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The International Criminal Court has condemned the Trump administration’s decision to authorize sanctions against court staff, saying it amounted to “an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings.”
An executive order by U.S. President Donald Trump announced Thursday authorizes sanctions against ICC staff investigating American troops and intelligence officials and those of allied nations, including Israel, for possible war crimes in Afghanistan and elsewhere.
Trump’s order would block the financial assets of court employees and bar them and their immediate relatives from entering the United States.
The court, which has 123 member states, said in a statement released early Friday that it “stands firmly by its staff and officials and remains unwavering in its commitment to discharging, independently and impartially, the mandate” laid down in its founding treaty, the Rome Statute.
It said an attack on the Hague-based court also constitutes “an attack against the interests of victims of atrocity crimes, for many of whom the Court represents the last hope for justice.”
O-Gon Kwon, president of the court’s management and oversight mechanism, the Assembly of States Parties, also criticized the U.S. measures.
“They undermine our common endeavor to fight impunity and to ensure accountability for mass atrocities,” he said in a statement. “I deeply regret measures targeting Court officials, staff and their families.”
The Hague-based court was created in 2002 to prosecute war crimes and crimes of humanity and genocide in places where perpetrators might not otherwise face justice. The U.S. has never been an ICC member. |
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USCIS Preparing to Resume Public Services on June 4
Headline Topics |
2020/05/30 11:37
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U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public.
While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.
As services begin to reopen, offices will reduce the number of appointments and interviews to ensure social distancing, allow time for cleaning and reduce waiting room occupancy. Appointment notices will contain information on safety precautions that visitors to USCIS facilities must follow.
If you are feeling sick, please do not go to your appointment. Follow the instructions on your appointment notice to reschedule your appointment for when you are healthy. There is no penalty for rescheduling your appointment if you are sick.
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Big Oil loses appeal, climate suits go to California courts
Headline Topics |
2020/05/25 11:34
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Big Oil lost a pair of court battles Tuesday that could lead to trials in lawsuits by California cities and counties seeking damages for the impact of climate change.
The 9th U.S. Circuit Court of Appeals rejected arguments by energy companies and ruled state courts are the proper forum for lawsuits alleging producers promoted petroleum as environmentally responsible when they knew it was contributing to drought, wildfires, and sea level rise associated with global warming.
The lawsuits claim Chevron, Exxon Mobil, ConocoPhillips, BP, Royal Dutch Shell and other companies created a public nuisance and should pay for damage from climate change and help build sea walls and other infrastructure to protect against future impact construction that could cost tens of billions of dollars.
The ruling overturned a decision by one federal judge, who had tossed out lawsuits brought by the cities of San Francisco and Oakland.
“It is time for these companies to pay their fair share,” San Francisco City Attorney Dennis Herrera said in a statement applauding the ruling. “They should not be able to stick taxpayers with the bill for the damage they knew they were causing. We will continue to hold these companies accountable for their decades-long campaign of public deception about climate change and its consequences.”
While the rulings were victories for the coastal counties and cities all in the San Francisco Bay Area except for the tiny city of Imperial Beach in San Diego County and cheered by environmental groups, it could take years before they ever get to a jury, if they make it that far. |
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Ex-Phoenix area sheriff declares victory despite court loss
Headline Topics |
2020/03/01 13:39
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Former Phoenix-area Sheriff Joe Arpaio lost a bid to erase his criminal conviction for disobeying a 2011 court order, but claimed victory Thursday after an appeal's court said the verdict no longer has any legal consequence because of President Donald Trump's pardon.
The 9th Circuit Court of Appeals explained Arpaio was pardoned before he could be sentenced and that the final judgment in the case ended up dismissing the contempt charge.
“They can’t use that conviction against me in a court of law,” Arpaio said. “That’s a win.”
Gabriel “Jack" Chin, a professor at the University of California, Davis School of Law, agreed. “Even though Mr. Arpaio did not get the district court's findings vacated, he still won his case.
”The Ninth Circuit clearly ruled that after the pardon there is neither a conviction for criminal purposes (say, sentencing in the future), nor a finding of fact binding in any future criminal or civil cases," Chin added. “On the other hand, the underlying facts are out there for whatever the court of public opinion wants to do with them.”
Arpaio was convicted for disobeying an order barring his traffic patrols that targeted immigrants.
The 87-year-old lawman, who was defeated for reelection in 2016 after six terms, had argued the misdemeanor contempt of court conviction should be removed from his record so it can't be raised against him in future court cases.
A 2017 lower court decision said Trump’s pardon removed his possible punishments and that pardons don’t erase convictions or the facts of cases. |
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UK court blocks Heathrow expansion over climate concerns
Headline Topics |
2020/02/26 13:40
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Heathrow Airport’s plans to increase capacity of Europe’s biggest travel hub by over 50% were stalled Thursday when a British court said the government failed to consider its commitment to combat climate change when it approved the project.
The ruling throws in doubt the future of the 14 billion-pound ($18 billion) plan to build a third runway at Heathrow, the west London hub that already handles more than 1,300 flights a day.
While Heathrow officials said they planned to appeal, Prime Minister Boris Johnson’s government indicated it wouldn’t challenge the ruling by the Court of Appeal.
“We won!” said London Mayor Sadiq Khan, a long-time opponent of the project who joined other local officials and environmental groups in challenging the national government’s approval of Heathrow’s expansion plans.
At stake is a project that business groups and Heathrow officials argue is crucial for the British economy as the U.K. looks to increase links with countries from China to the United States after leaving the European Union. Heathrow has already reached the capacity of its current facilities, and a third runway is needed to serve the growing demands of travelers and international trade, they say.
Environmental campaigners, however, challenged the project because of concerns that a third runway would encourage increased air travel and the carbon emissions blamed for global warming. The British government has committed to reducing greenhouse gas emissions as a signatory to the 2016 Paris Agreement, which seeks to limit temperature increases to 1.5 degrees Celsius over pre-industrial levels.
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Trump ally Roger Stone sentenced to over 3 years in prison
Headline Topics |
2020/02/20 10:53
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Trump loyalist and ally Roger Stone was sentenced Thursday to more than three years in federal prison, following an extraordinary move by Attorney General William Barr to back off his Justice Department’s original sentencing recommendation.
U.S. District Court Judge Amy Berman Jackson said Stone’s crimes demanded a significant time behind bars, but she said the seven to nine years originally recommended by the Justice Department were excessive.
Stone’s lawyers had asked for a sentence of probation, citing his age of 67 years, his health and his lack of criminal history. Instead, he drew 40 months.
Stone had no immediate reaction in court when Jackson announced his sentence. Later, he emerged from the courthouse to a crowd exchanging back and forth chants of “Lock him up” and “Pardon Roger Stone.” Stone got into a black SUV without speaking to reporters.
His attorney Bruce Rogow said Stone and his team would “have no comment.” The judge delayed execution of his sentence while she considers Stone’s motion for a new trial.
Stone was convicted in November on all seven counts of an indictment that accused him of lying to Congress, tampering with a witness and obstructing the House investigation into whether the Trump campaign coordinated with Russia to tip the 2016 election.
The sentence came amid Trump’s unrelenting defense of his longtime confidant that has led to a mini-revolt inside the Justice Department and allegations the president has interfered in the case.
Trump took to Twitter to denounce as a “miscarriage of justice” the initial recommendation by Justice Department prosecutors that Stone receive at least seven years in prison. Attorney General William Barr then backed off that recommendation, prompting four prosecutors to quit Stone’s case.
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