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Flowers, homemade signs by high court in Ginsburg tribute
Lawyer News | 2020/09/19 11:24
Mourners dropped off bouquets and gathered outside the Supreme Court early Saturday in quiet tribute to the late Justice Ruth Bader Ginsburg. Homemade cardboard signs and a collection of flowers blanketed the court's grounds.

Hours earlier, hundreds of people had turned out after hearing of Ginsburg's death. They wept and sang in a candlelight vigil, packing the high court’s steps in a spontaneous memorial.

Scores of candles flickered in the nighttime wind as people knelt to leave flowers, American flags and handwritten condolence messages for Ginsburg, who died of metastatic pancreatic cancer at age 87 after 27 years on the court. Prayer candles with Ginsburg’s photo on them were also left on the steps.

Several times, dozens in the crowd broke out into song, singing “Amazing Grace” and “This Land is Your Land” as others embraced one another and wiped tears from their eyes. At one point, the crowd broke into a thunderous applause — lasting for about a minute — for Ginsburg.

“Thank you RBG,” one sign read. On the sidewalk, “RBG” was drawn inside a pink chalk heart. Jennifer Berger, 37, said she felt compelled to join the large crowd that gathered to pay tribute to Ginsburg’s life.

“I think it is important for us to recognize such a trailblazer,” she said. “It is amazing to see how many people are feeling this loss tonight and saying goodbye.”

Ginsburg spent her final years on the bench as the unquestioned leader of the court’s liberal wing and became something of a rock star to her admirers. Young women especially seemed to embrace the court’s Jewish grandmother, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities.

The memorial service remained mostly peaceful and somber, but turned tense for several minutes after a man with a megaphone approached people in the crowd and began to chant that “Roe v. Wade is dead,” a refence to the landmark Supreme Court ruling establishing abortion rights nationwide.

A large group confronted the man, leading to a brief shouting match. Many in the crowd began yelling “RBG” to try to drown out the man’s voice as he continued to say Republicans would push to quickly appoint a conservative justice to the court. Supreme Court police officers stood alongside the crowd and the man eventually left the area.


Slovakia court set to give verdict in reporter's slaying
Lawyer News | 2020/09/03 20:07
A court in Slovakia is expected to issue a verdict Thursday in the slayings of an investigative journalist and his fiancee, a crime that shocked the country and led a government to fall.

The state prosecution has requested 25-year prison terms for three remaining defendants, one of them a businessman accused of masterminding the killings. They all pleaded not guilty to murdering journalist Jan Kuciak, and fiancee Martina Kusnirova, both aged 27.

But the trial at the Specialized Criminal Court in Pezinok, which handles Slovakia's most serious cases, might not be coming to an end, yet.

A three-judge tribunal originally was set to deliver a verdict in early August but delayed its decision, citing a need for more time.

Prosecutors submitted additional evidence on Monday. The panel could decide to postpone the verdict again to give them a chance to present the evidence in court.

Kuciak was shot in the chest and Kusnirova was shot in the head at their home in the town of Velka Maca, east of Bratislava, on Feb. 21, 2018.

The killings prompted major street protests unseen since the 1989 anti-communist Velvet Revolution in Czechoslovakia. The ensuing political crisis led to the collapse of a coalition government headed by populist Prime Minister Robert Fico and to the dismissal of the national police chief.

Kuciak had been writing about alleged ties between the Italian mafia and people close to Fico when he was killed, and also wrote about corruption scandals linked to Fico’s leftist Smer - Social Democracy party.



Appeals court keeps Flynn case alive, won’t order dismissal
Lawyer News | 2020/09/01 20:07
A federal appeals court in Washington declined Monday to order the dismissal of the Michael Flynn  prosecution, permitting a judge to scrutinize the Justice Department’s request to dismiss its case against President Donald Trump’s former national security adviser.

The decision keeps the case at least temporarily alive and rebuffs efforts by both Flynn’s lawyers and the Justice Department to force the prosecution to be dropped without further inquiry from the judge, who has for months declined to dismiss it. The ruling is the latest development in a criminal case that has taken unusual twists and turns over the last year and prompted a separation of powers tussle involving a veteran federal judge and the Trump administration.

In a separate ruling Monday, a three-judge panel of the same appeals court again threw out a lawsuit by House Democrats to compel former White House counsel Don McGahn to appear before a congressional committee.

The Flynn conflict arose in May when the Justice Department moved to dismiss the prosecution despite Flynn’s own guilty plea to lying to the FBI about his contacts with the Russian ambassador during the presidential transition period.

But U.S. District Judge Emmet Sullivan, who had upbraided Flynn for his behavior at a 2018 court appearance, signaled his skepticism at the government’s unusual motion. He refused to dismiss the case and instead scheduled a hearing and appointed a retired federal judge to argue against the Justice Department’s position. That former judge, John Gleeson, challenged the motives  behind the department’s dismissal request and called it a “gross abuse” of prosecutorial power.

Flynn’s lawyers sought to bypass Sullivan and obtain an appeals court order that would have required the case’s immediate dismissal. They argued that Sullivan had overstepped his bounds by scrutinizing a dismissal request that both sides, the defense and the Justice Department, were in agreement about and that the case was effectively moot once prosecutors decided to abandon it.

At issue before the court was whether Sullivan could be forced to grant the Justice Department’s dismissal request without even holding a hearing into the basis for the motion.

“We have no trouble answering that question in the negative,” the court wrote in an unsigned opinion for the eight judges in the majority.



Court OKs extradition of man linked to Venezuela's Maduro
Lawyer News | 2020/08/02 12:42
A court in the West African nation of Cape Verde has approved the extradition to the United States of a Colombian businessman wanted on suspicion of money laundering on behalf of Venezuela's socialist government, his lawyers said Tuesday.

The court made the decision to extradite Alex Saab on Friday, but his legal team said in a statement it was informed about the decision only on Monday. They said they would appeal.

Saab was arrested in June when his private jet stopped to refuel in the former Portuguese colony on the way to Iran.
Saab was waiting for the court to schedule a hearing at which he could argue against extradition, according to the statement sent by the legal team, which is led by former Spanish judge Baltasar Garzon.

The legal team described the extradition order as “alarming” and accused Cape Verdean authorities of denying him his legal rights. The defense lawyers plan to appeal to Cape Verde’s Supreme Court and, if necessary, the Constitutional Court, the statement said.

U.S. officials trying to reignite their campaign to oust Maduro believe Saab holds many secrets about how Venezuelan president, his family and top aides allegedly siphoned off millions of dollars in government contracts at a time of widespread hunger in the oil-rich nation.

Venezuela’s government had protested the arrest of Saab, 48, who it said was on a “humanitarian mission” to buy food and medical supplies. Saab came onto the radar of U.S. authorities a few years ago after amassing a large number of contracts with Maduro’s government.

Federal prosecutors in Miami indicted him and a business partner last year on money laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.




Ohio court to hear arguments in appeal over judge shot video
Lawyer News | 2020/07/21 09:32
Surveillance video showing an Ohio judge being shot and wounded at a courthouse before the assailant was himself shot and killed is a public record that should be released, according to arguments by an attorney for The Associated Press in a case before the state Supreme Court.

The video shows Jefferson County Judge Joseph Bruzzese Jr. being shot outside a Steubenville courthouse in eastern Ohio in August 2017 by 51-year-old Nathaniel Richmond, and then Richmond being killed by a probation officer.

Richmond had a pending wrongful death lawsuit in front of Bruzzese at the time. The judge recovered and returned to the bench. The Ohio Supreme Court planned oral arguments for Tuesday. A decision isn't expected for weeks.

The day of the shooting, the AP asked for a copy of the surveillance video recorded by a camera positioned in front of the courthouse, but Jefferson County Prosecutor Jane Hanlin denied that request, saying the video was a confidential law enforcement record and part of the courthouse’s infrastructure security system, among other arguments.

In February 2019, the Ohio Court of Claims sided with an appeal brought by the AP, saying the video doesn’t contain information used to protect a public office from “attack, interference or sabotage.”
 
Hanlin appealed, and in September 2019, the 7th District Court of Appeals in Youngstown agreed with the prosecutor, determining the video is exempt from being released under Ohio public record laws as part of the courthouse’s security measures.
 
The appeals court said, in part, that the Court of Claims should have considered affidavits submitted by Hanlin, based on her personal knowledge of the situation, that the video met the security exemption under state law.


Given a chance, Trump would push court pick before election
Lawyer News | 2020/07/16 08:16
President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.

The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire.

The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come.

Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term.

Four years ago, also in a presidential election year, the GOP-controlled Senate refused to vote when President Barack Obama, a Democrat, nominated Merrick Garland, a federal judge, to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.



High court won't hear abortion clinic 'buffer zone' cases
Lawyer News | 2020/07/02 21:42
The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics.

The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics.

As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case.

The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters.

On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic.


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