Drug trafficker says he bribed Honduras president
Court News | 2021/03/10 10:53
A convicted Honduran drug trafficker and former leader of a cartel testified in United States federal court Thursday that he paid now-President Juan Orlando Hernandez $250,000 for protection from arrest in 2012.

Devis Leonel Rivera Maradiaga, former leader of the Cachiros cartel, testified that he made the payment in cash through one of Hernandez’s sisters, Hilda Hernandez, in exchange “for protection so that the military police and preventive police didn’t capture us in Honduras.”

He said he also paid so that he wouldn’t be extradited to the U.S. and so companies used by the Cachiros to launder money would be favored by the government. Rivera Maradiaga has admitted to being involved in 78 murders.

At the time of the alleged bribe, Juan Orlando Hernandez was leader of Honduras’ Congress, but had begun angling for the presidency, which he won in 2013. He took office the following January. Hilda Hernandez, who later served in his administration, died in a helicopter crash in 2017.

The accusation came in the third day of testimony in the trial of alleged drug trafficker Geovanny Fuentes Ramirez. U.S. prosecutors have made it clear that allegations against President Hernandez would arise during the trial, though he has not been charged.

Fuentes Ramirez was arrested in March 2020 in Florida. He is charged with drug trafficking and arms possession.

Hernandez has vehemently denied any connection to drug traffickers. One of his brothers, Juan Antonio Hernandez, was convicted of drug trafficking in the same court in 2019.

During that trial, the president was accused of accepting more than $1 million from Mexican drug trafficker Joaquin “El Chapo” Guzman.

U.S. prosecutors have alleged that much of Hernandez’s political rise was funded by drug traffickers who paid to be allowed to move drugs through Honduras without interference.

In January, U.S. federal prosecutors filed motions in the Fuentes Ramirez case saying that Hernandez took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the United States.

The documents quote Hernandez ? identified as co-conspirator 4 ? as saying he wanted to “‘shove the drugs right up the noses of the gringos’ by flooding the United States with cocaine.”

This week, Hernandez has said in a series of Twitter messages that the witnesses in New York are seeking to lighten their sentences by making up lies against him.



Nepal Parliament, reinstated by high court, begins session
Court News | 2021/03/07 08:03
After being reinstated by the nation’s Supreme Court, Nepal’s Parliament began a session on Sunday that will likely determine the future of the prime minister and the government.

The split in the ruling Nepal Communist Party has left Prime Minister Khadga Prasad Oli without the majority of votes in Parliament required for him to continue in office. Oli so far has refused to step down and is determined to continue.

A vote of no confidence against Oli is likely to be brought by the splinter group from his own party, which would force him to step down. The group has not yet made a formal decision.

Oli would have to get the support of other political parties in Parliament in order to stay in power. The process could take days, leaving an unstable political situation in the country.

Oli had the president dissolve Parliament in December and announce fresh elections after the rift in the party. Last month, the Supreme Court ordered the reinstatement of Parliament in response to several cases filed with the court charging that Oli’s decision to dissolve the legislature was unconstitutional.

Since Parliament’s dissolution, there have been regular street protests against Oli by tens of thousands of people in Kathmandu and other cities.

Oli became prime minister after the party won elections three years ago. His party and that of former Maoist rebels had merged to form a strong Communist party to win the elections.

However, there has been a power struggle between Oli and the leader of the former Maoists rebels, Pushpa Kamal Dahal, who is also co-chair of the party. The two had previously agreed that they would split the five-year prime minister’s term, but Oli has refused to allow Dahal to take over.



Maine ban on religious tuition funding goes to Supreme Court
Court News | 2021/02/05 22:51
Three families demanding that the state pay tuition for religious schools are taking their appeal to a U.S. Supreme Court that looks much different than when the lawsuit was filed more than two years ago.

The conservative shift of the U.S. Supreme Court and a ruling in a Montana case make attorneys for the Maine families more optimistic that they'll prevail in changing the state's stance, which dates to 1980. The Supreme Court will decide whether to hear the appeal, filed Thursday.

“The court should grant this case and resolve this issue once and for all,” said the families' attorney, Michael Bindas, from the Institute for Justice.

The Maine Department of Education currently allows families who reside in towns without their own public schools to receive tuition to attend a public or private school of their choice. But religious schools are excluded.

There have been several lawsuits over the years, but the courts always have sided with the state, which contends using taxpayer dollars to fund religious education violates the separation of church and state.

The latest lawsuit targeting Maine's tuition program was filed in August 2018 after the Supreme Court held that a Missouri program was wrong in denying a grant to a religious school for playground resurfacing.


More protests called in Moscow to demand Navalny’s release
Court News | 2021/02/02 06:34
Moscow braced for more protests seeking the release of jailed opposition leader Alexei Navalny, who faces a court hearing Tuesday after two weekends of nationwide rallies and thousands of arrests in the largest outpouring of discontent in Russia in years.

Tens of thousands filled the streets across the vast country Sunday, chanting slogans against President Vladimir Putin and demanding freedom for Navalny, who was jailed last month and faces years in prison. Over 5,400 protesters were detained by authorities, according to a human rights group.

One of those taken into custody for several hours was Navalny’s wife, Yulia, who was ordered Monday to pay a fine of about $265 for participating in an unauthorized rally.

While state-run media dismissed the demonstrations as small and claimed that they showed the failure of the opposition, Navalny’s team said the turnout demonstrated “overwhelming nationwide support” for the Kremlin’s fiercest critic. His allies called for protesters to come to the Moscow courthouse on Tuesday.

“Without your help, we won’t be able to resist the lawlessness of the authorities,” his politician’s team said in a social media post.

Mass protests engulfed dozens of Russian cities for the second weekend in a row despite efforts by authorities to stifle the unrest triggered by the jailing of 44-year-old Navalny.

He was arrested Jan. 17 upon returning from Germany, where he spent five months recovering from nerve-agent poisoning that he blames on the Kremlin. Russian authorities reject the accusation. He faces a prison term for alleged probation violations from a 2014 money-laundering conviction that is widely seen as politically motivated.

Last month, Russia’s prison service filed a motion to replace his 3 1/2-year suspended sentence from the conviction with one he must serve. The Prosecutor General’s office backed the motion Monday, alleging Navalny engaged in “unlawful conduct” during the probation period.


Supreme Court won't hear Nevada church's COVID-19 case
Court News | 2021/01/24 03:03
The U.S. Supreme Court refused a rural Nevada church’s request Monday to step into a legal battle over the government’s authority to limit the size of religious gatherings amid the COVID-19 pandemic even after the church won an appeals court ruling last month that found Nevada’s restrictions unconstitutional.

Attorneys general from 19 other states had recently joined in support of Calvary Chapel Dayton Valley east of Reno. They were urging the Supreme Court to rule on the merits of the Nevada case to help bring uniformity to various standards courts across the country have used to balance the interests of public safety and freedom of religion.

The Supreme Court rejected the church’s request for an emergency injunction last summer. The church's latest plea for relief court was in the form of a petition for a review of the case on its merits despite the recent ruling by the 9th Circuit and ongoing litigation in district court. Such petitions are rare and their approval is even rarer, even though they require approval by only four justices.

Nevada Attorney General Aaron Ford argued the justices should let the federal court in Reno sort out the details before taking the extraordinary step of wading into the case.



Republicans condemn 'scheme' to undo election for Trump
Court News | 2021/01/04 17:58
The unprecedented Republican effort to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden's  win and keep President Donald Trump in office is undermining Americans’ faith in democracy.

Trump has enlisted support from a dozen Republican senators and up to 100 House Republicans to challenge the Electoral College  vote when Congress convenes in a joint session to confirm President-elect Joe Biden’s  306-232 win.

With Biden set to be inaugurated Jan. 20, Trump is intensifying efforts to prevent the traditional transfer of power, ripping the party apart.

Despite Trump's claims of voter fraud, state officials have insisted the elections ran smoothly and there was no evidence of fraud or other problems that would change the outcome. The states have certified their results as fair and valid. Of the more than 50 lawsuits the president and his allies have filed challenging election results, nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court.

On a call disclosed Sunday, Trump can be heard pressuring Georgia officials  to “find” him more votes.

But some senior lawmakers, including prominent Republicans, are pushing back.

“The 2020 election is over,” said a statement Sunday from a bipartisan group of 10 senators, including Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Mitt Romney of Utah.

The senators wrote that further attempts to cast doubt on the election are “contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results.”

Republican Gov. Larry Hogan of Maryland said, “The scheme by members of Congress to reject the certification of the presidential election makes a mockery of our system and who we are as Americans.”

Former House Speaker Paul Ryan, a Republican, said in a statement that “Biden’s victory is entirely legitimate" and that efforts to sow doubt about the election “strike at the foundation of our republic.”

Rep. Liz Cheney of Wyoming, the third-ranking House Republican, warned in a memo to colleagues that objections to the Electoral College results “set an exceptionally dangerous precedent.”

One of the more outspoken conservatives in Congress, Arkansas Republican Sen. Tom Cotton, said he will not oppose the counting of certified electoral votes on Jan. 6. "I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term—it will only embolden those Democrats who want to erode further our system of constitutional government.”

Cotton said he favors further investigation of any election problems, separate from the counting of the certified Electoral College results.


Trump plan to curb drug costs dealt setback in court
Court News | 2020/12/24 19:44
A late-term maneuver by President Donald Trump to use lower drug prices paid overseas to limit some of Medicare’s own costs suffered a legal setback Wednesday that appears likely to keep the policy from taking effect before the president leaves office.

U.S. District Judge Catherine C. Blake in Baltimore issued a nationwide injunction that prevents the Centers for Medicare and Medicaid Services, or CMS, from carrying out the so-called “most favored nations” rule as scheduled on Jan. 1. The judge wrote in her temporary order that CMS had failed to follow required procedures for notice and comment before imposing such sweeping changes.

The Trump regulation would tie what Medicare pays for certain drugs administered in a doctor’s office to the lowest price paid among a group of economically advanced countries. It would apply to 50 medications that account for the highest spending under Medicare’s “Part B” benefit for outpatient care.

That group includes cancer drugs and other medications delivered by infusion or injection. Trump announced his new policy at the White House before the Thanksgiving holiday, saying, “the drug companies don’t like me too much. But we had to do it.”

A coalition of groups including the Association of Community Cancer Centers and the Pharmaceutical Research and Manufacturers of American quickly sued to block the rule. Some opponents have likened the Trump policy to a form of socialist price controls.

Blake wrote that the plaintiffs had established a reasonable likelihood their arguments accusing the administration of cutting corners in a rush to regulate would carry the day in a trial. Federal law says that government agencies must provide adequate opportunity for affected parties to comment on proposed regulations. The administration had sought to use emergency authority as a work-around.

The case is hardly trivial, the judge said. “This case deals with a regulation that would for the first time implement the use of a price control mechanism not provided for by Congress,” Blake wrote.

The Health and Human Services department said it is reviewing the ruling, and had no immediate comment.

Trump came into office accusing drug companies of “getting away with murder” and promising to slash costs for American patients. But his administration was unable to drive major drug pricing legislation through Congress.

Even if the Trump rule is ultimately blocked, the idea of using international prices to lower costs for Americans is very much alive. It’s at the heart of House Speaker Nancy Pelosi’s legislation to empower Medicare to negotiate drug prices. And President-elect Joe Biden also supports the approach.

Blake was nominated to be a U.S. district judge by former Democratic President Bill Clinton.


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