Venezuela’s Supreme Court certifies Maduro’s claims that he won presidential election
Legal Business | 2024/08/25 21:57
Venezuela’s Supreme Court has backed President Nicolás Maduro’s claims that he won last month’s presidential election and said voting tallies published online showing he lost by a landslide were forged.

The ruling is the latest attempt by Maduro to blunt protests and international criticism that erupted after the contested July 28 vote in which the self-proclaimed socialist leader was seeking a third, six-year term.

The high court is packed with Maduro loyalists and has almost never ruled against the government.

Its decision, read Thursday in an event attended by senior officials and foreign diplomats, came in response to a request by Maduro to review vote totals showing he had won by more than 1 million votes.

The main opposition coalition has accused Maduro of trying to steal the vote.

Thanks to a superb ground game on election day, opposition volunteers managed to collect copies of voting tallies from 80% of the 30,000 polling booths nationwide and which show opposition candidate Edmundo González won by a more than 2-to-1 margin.

The official tally sheets printed by each voting machine carry a QR code that makes it easy for anyone to verify the results and are almost impossible to replicate.

“An attempt to judicialize the results doesn’t change the truth: we won overwhelmingly and we have the voting records to prove it,” González, standing before a Venezuelan flag, said in a video posted on social media.

The high court’s ruling certifying the results contradicts the findings of experts from the United Nations and the Carter Center who were invited to observe the election and which both determined the results announced by authorities lacked credibility. Specifically, the outside experts noted that authorities didn’t release a breakdown of results by each of the 30,000 voting booths nationwide, as they have in almost every previous election.

The government has claimed — without evidence — that a foreign cyberattack staged by hackers from North Macedonia delayed the vote counting on election night and publication of the disaggregated results.

González was the only one of 10 candidates who did not participate in the Supreme Court’s audit, a fact noted by the justices, who in their ruling accused him of trying to spread panic.

The former diplomat and his chief backer, opposition powerhouse Maria Corina Machado, went into hiding after the election as security forces arrested more than 2,000 people and cracked down on demonstrations that erupted spontaneously throughout the country protesting the results.

Numerous foreign governments, including the U.S. as well as several allies of Maduro, have called on authorities to release the full breakdown of results.

Gabriel Boric, the leftist president of Chile and one of the main critics of Maduro’s election gambit, lambasted the high court’s certification.


Former Rep. George Santos pleads guilty in federal fraud case
Attorney News | 2024/08/20 15:57
George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment.

Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial.

“I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom.

Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution.

Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7.

Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working.

Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit.

The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members.

Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022.



Fraud trial of George Santos to begin next month with an anonymous jury
Legal Topics | 2024/08/18 22:57
The fraud trial against former U.S. Rep. George Santos, slated to start in a matter of weeks, is coming into focus after a federal judge ruled Tuesday that jurors will have their identities kept secret from the public.

They won’t, however, be required to fill out a written questionnaire gauging their opinions of Santos when they arrive for jury selection Sept. 9, as his lawyers had requested.

Judge Joanna Seybert said during a brief hearing in federal court on Long Island that she agreed with the government’s assessment that a questionnaire would only bog the proceedings down.

She said questioning each potential juror in person would allow her and both sides to ask more varied and probing questions to elicit more truthful responses.

Prosecutors told the judge the trial could last three weeks because they expect to call at least three dozen witnesses, including some victims of Santos’ alleged crimes.

Santos has pleaded not guilty to a range of financial crimes, including lying to Congress about his wealth, collecting unemployment benefits while actually working, and using campaign contributions to pay for personal expenses such as designer clothing.

Seybert urged both sides to work together to “streamline” the proceedings where possible.

“Make me hopeful. Seriously,” she said. “Sit down and discuss what is absolutely necessary.”

Santos, who was dressed in a blue suit, declined to speak with reporters outside the courthouse after the hearing, the last expected before the trial.

But when asked whether he believed his client could receive a fair trial, Santos’ lawyer Robert Fantone said, “I think we’re going to be alright.”

In court, Santos’ lawyers pushed back at claims prosecutors made in prior legal filings that they’re not participating fully in the required pretrial document-sharing process known as discovery.

Prosecutors this month said they’ve turned over more than 1.3 million pages of records, while defense lawyers have produced just five pages. But when pressed by the judge, Santos’ lawyers maintained that they’ve turned over every document in their possession.

“We’re not stonewalling,” said Joe Murray, another Santos lawyer. “Trial by ambush is not how I operate.”

The New York Republican’s lawyers had argued in recent court filings that a questionnaire addressing potential jurors’ “knowledge, beliefs, and preconceptions” was needed because of the extensive negative media coverage surrounding Santos, who was expelled from Congress in December after an ethics investigation found “overwhelming evidence” he had broken the law and exploited his public position for his own profit.


X announces suspension of Brazil operations, alleging ‘censorship orders’
Legal Topics | 2024/08/14 22:56
Social media platform X said Saturday it will close its operations in Brazil, claiming Brazilian Supreme Court Justice Alexandre de Moraes threatened to arrest its legal representative in Brazil if they did not comply with orders.

X is removing all remaining Brazil staff in the country “effective immediately,” though the company said service will still be available to the people of Brazil. The company did not clarify how it could claim to suspend operations while continuing to provide services to Brazilians.

Earlier this year, the company clashed with de Moraes over free speech, far-right accounts and misinformation on X. The company said his most recent orders amounted to censorship, and shared a copy of the document on X.

The Supreme Court’s press office didn’t immediately respond to Associated Press email requests seeking comment, or to confirm the veracity of the document, on Saturday.

In the United States, free speech is a constitutional right that’s much more permissive than in many countries, including Brazil, where de Moraes in April ordered an investigation into CEO Elon Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.

Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution.

Whether investigating former President Jair Bolsonaro, banishing his far-right allies from social media, or ordering the arrest of supporters who stormed government buildings on Jan. 8, 2023, de Moraes has aggressively pursued those he views as undermining Brazil’s young democracy.

“Moraes has chosen to threaten our staff in Brazil rather than respect the law or due process,” the company said in a statement on X.

In a tweet Saturday morning, the self-proclaimed “free speech absolutist” and owner of X, Musk, said de Moraes “is an utter disgrace to justice.”



Detroit judge sidelined for making sleepy teen wear jail clothes on court field trip
Legal Topics | 2024/08/12 22:56

A Detroit judge who ordered a teenager into jail clothes and handcuffs on a field trip to his courtroom will be off the bench while undergoing “necessary training,” the court’s chief judge said Thursday.

Meanwhile, the girl’s mother said Judge Kenneth King was a “big bully.”

“My daughter is hurt. She is feeling scared,” Latoreya Till told the Detroit Free Press.

She identified her daughter as Eva Goodman. The 15-year-old fell asleep in King’s court Tuesday while on a visit organized by a Detroit nonprofit.

King didn’t like it. But he said it was her attitude that led to the jail clothes, handcuffs and stern words.

“I wanted this to look and feel very real to her, even though there’s probably no real chance of me putting her in jail,” he explained to WXYZ-TV.

King has been temporarily removed from his criminal case docket and will undergo “necessary training to address the underlying issues that contributed to this incident,” said William McConico, the chief judge at 36th District Court.

The court “remains deeply committed to providing access to justice in an environment free from intimidation or disrespect. The actions of Judge King on August 13th do not reflect this commitment,” McConico said.

He said the State Court Administrative Office approved the step. King will continue to be paid. Details about the training, and how long it would last, were not disclosed.

King, who has been a judge since 2006, didn’t immediately return a phone message seeking comment. At the close of his Thursday hearings, accessible on YouTube, he made a heart shape with his hands. The judge’s work includes determining whether there’s enough evidence to send felony cases to trial at Wayne County Circuit Court.

Till said her daughter was sleepy during the Tuesday court visit because the family doesn’t have a permanent residence.

“And so, that particular night, we got in kind of late,” she told the Free Press, referring to Monday night. “And usually, when she goes to work, she’s up and planting trees or being active.”

The teen was seeing King’s court as part of a visit organized by The Greening of Detroit, an environmental group.


Thai Prime Minister Srettha is removed from office by a court order
Court Watch | 2024/08/07 22:55
A court in Thailand on Wednesday removed Prime Minister Srettha Thavisin from office over an ethical violation, further shaking up Thai politics after it ordered the dissolution of the main opposition party a week ago.

The Constitutional Court ruled on a case involving Srettha’s appointment of a Cabinet member who had been jailed in connection with an alleged attempt to bribe a court official.

The court voted 5-4 against Srettha and the ruling removed him from office immediately.

The Cabinet will remain in place on a caretaker basis until Parliament approves a new prime minister. A vote was scheduled by Parliament on Friday, but it has no time limit for filling the position. The caretaker Cabinet could also dissolve Parliament and call a new election.

Srettha, speaking at Government House shortly after the verdict, thanked the judges for giving him the opportunity to defend himself. He said he respected the ruling and that he always sought to act ethically during his time in office, which was less than a year.

The acting prime minister is expected to be Phumtham Wechayachai of Srettha’s Pheu Thai party. Phumtham was first deputy prime minister and commerce minister under Srettha.

The Constitutional Court last week ordered the dissolution of the progressive Move Forward Party, which won last year’s general election, over an accusation that it violated the Constitution by proposing an amendment to a law against defaming the country’s royal family. The party has already regrouped as the People’s Party.

The petition against Srettha was initiated by former members of the military-installed Senate who had refused to approve Move Forward’s prime ministerial candidate when the party was attempting to form a government after its election victory. It was seen as a move favoring a pro-military political party in his coalition government.

Thailand’s courts, especially the Constitutional Court, are considered a bulwark of the country’s royalist establishment, which has used them and nominally independent state agencies such as the Election Commission to issue rulings to cripple or sink political opponents.

The Constitutional Court’s rulings are “two judicial coups” that are “against international standards and upset the usual checks and balances in a democratic system,” said Prajak Kongkirati, a political scientist at Bangkok’s Thammasat University.



Court filings provide additional details of the US’ first nitrogen gas execution
Headline Legal News | 2024/08/02 04:59
A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted.

Another court document indicated that the nitrogen gas was flowing for at least 10 minutes during the execution. The documents filed last month in ongoing litigation provided additional details of the execution of Kenneth Smith, who was the first person put to death using nitrogen gas.

Alabama Attorney General Steve Marshall’s office maintains the high oxygen readings indicate that Smith held his breath as the nitrogen gas flowed, causing the execution to take longer than expected. But attorneys for another inmate said the state has no proof to back up that claim and is trying to “explain away” an execution that went horribly awry.

As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution.

Media witnesses to Smith’s execution, including The Associated Press, said that Smith shook on the gurney for several minutes before taking a series of gasping breaths. Alabama had assured a federal judge before the execution that the new execution method would quickly cause unconsciousness and death.

A pulse oximeter showed that Smith had oxygen levels of 97% to 98% for a “period of time that was longer than I had expected,” the corrections captain said in a sworn statement. The corrections captain said he did not observe Smith make any violent or convulsive movements, but he did tense up and raise his body off the gurney. After “he released a deep breath,” the oxygen levels began dropping, the corrections captain said.

“The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas — not that the mask did not fit or that the nitrogen was impure,” the Alabama attorney general’s office wrote in a court filing.

Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay.



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