Kenya’s deputy president pleads not guilty in impeachment process
Headline Legal News | 2024/10/21 19:21
Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament.

Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya.

The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta.

Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.”

The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers.

The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening.

Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.

Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy.

Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals.



Supreme Court will weigh Mexico’s $10 billion lawsuit against U.S. gun makers
Headline Legal News | 2024/10/05 21:34
The Supreme Court said Friday it will decide whether to block a $10 billion lawsuit Mexico filed against leading U.S. gun manufacturers over allegations their commercial practices have helped caused much bloodshed there.

The gun makers asked the justices to undo an appeals court ruling that allowed the lawsuit to go forward despite broad legal protections for the firearm industry.

A federal judge has since tossed out the bulk of the lawsuit on other legal grounds, but Mexico could appeal that dismissal. Mexico argues the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market. The government estimates 70% of the weapons trafficked into Mexico come from the United States.

The defendants include big-name manufacturers such as Smith & Wesson, Beretta, Colt and Glock. They say Mexico has not shown the industry has purposely done anything to allow the weapons to be used by cartels and is trying to “bully” gunmakers into adopting gun-control measures.

Originally filed in 2021, the lawsuit was initially tossed out by a district court who cited legal protections for gun makers from damages resulting from criminal use of firearms.  But the 1st U.S. Circuit Court of Appeals revived the case under an exception to that law. The gunmakers appealed that ruling to the Supreme Court, arguing they have followed lawful practices and the case has no business in American courts.

U.S. District Judge F. Dennis Saylor in Boston again dismissed the case against six of the eight companies in August, ruling Mexico had not provided concrete evidence that any those companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.

Still, with some claims remaining and an appeal possible, the gun makers argue the 1st Circuit ruling could hang over the industry for years if allowed to stand.



A man who attacked a Nevada judge in court pleads guilty but mentally ill
Headline Legal News | 2024/09/04 22:45
A man whose courtroom attack on a judge in Las Vegas was recorded on video has pleaded guilty but mentally ill to attempted murder and other charges.

Deobra Delone Redden ended his trial Thursday after Clark County District Court Judge Mary Kay Holthus testified that she feared for her life when Redden vaulted over her bench and desk and landed on her. The attack happened Jan. 3 as Holthus was about to deliver Redden’s sentence in a separate felony attempted battery case.

Redden’s defense attorney, Carl Arnold, said in a statement Friday that the plea “reflects a delicate balance between accepting responsibility for a regrettable incident and recognizing the impact of Mr. Redden’s untreated mental illness at the time.”

Arnold told jurors who began hearing evidence on Tuesday that Redden had not taken prescribed medication to control his diagnosed schizophrenia. Holthus testified that she felt “defenseless” during the attack and that court officials and attorneys who came to her aid saved her life, the Las Vegas Review-Journal reported.

Law clerk Michael Lasso told the jury he saw Holthus’ head hit the floor and Redden grab her hair. “I absolutely thought, ‘He’s going to kill her,’” Lasso testified. He said he wrestled Redden away, punched him to try to subdue him and saw Redden hitting a corrections officer who also intervened.

An armed courtroom marshal suffered a bleeding gash on his forehead and a dislocated shoulder, according to court officials and witnesses. Holthus was not hospitalized and returned to work after treatment for her injuries. A prosecutor for more than 27 years, she was elected to the state court bench in 2018.

Redden, 31, is already serving prison time for other felony battery convictions. Prosecutor John Giordani said Friday he could face up to 86 years for his pleas to eight felonies, which also included battery of a protected person age 60 or older resulting in substantial bodily harm, intimidating a public officer and battery by a prisoner.

Clark County District Court Judge Susan Johnson ruled that Redden was competent and capable of entering his plea, the Review-Journal reported. Sentencing was scheduled for Nov. 7.

Arnold said in his statement that he will ask Johnson to order mental health treatment for his client behind bars.

Giordani said Redden told three correctional staff members after the attack that he tried to kill Holthus.

“While he clearly has past mental issues, he made a choice that day and failed to control his homicidal impulses,” the prosecutor said.




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.



UN court says Israel’s presence in occupied Palestinian territories is illegal
Headline Legal News | 2024/07/21 02:32
The top United Nations court said Friday that Israel’s presence in the occupied Palestinian territories is unlawful and called on it to end, and for settlement construction to

stop immediately, issuing an unprecedented, sweeping condemnation of Israel’s rule over the lands it captured 57 years ago.

Israeli Prime Minister Benjamin Netanyahu quickly denounced the nonbinding opinion issued by the 15-judge panel of the International Court of Justice, saying the

territories are part of the Jewish people’s historic homeland. But the resounding breadth of the decision could impact international opinion and fuel moves for unilateral

recognition of a Palestinian state.

The judges pointed to a wide list of policies, including the building and expansion of Israeli settlements in the West Bank and east Jerusalem, use of the area’s natural

resources, the annexation and imposition of permanent control over lands and discriminatory policies against Palestinians, all of which it said violated international law.

The court said Israel had no right to sovereignty in the territories, was violating international laws against acquiring territory by force and was impeding Palestinians’ right to

self-determination. It said other nations were obliged not to “render aid or assistance in maintaining” Israel’s presence in the territories. It said Israel must end settlement

construction immediately and that existing settlements must be removed, according to a summary of the more than 80-page opinion read out by court President Nawaf

Salam.



New York’s top court allows ‘equal rights’ amendment to appear on November ballot
Headline Legal News | 2024/07/14 18:46
A proposed amendment to New York’s constitution to bar discrimination over “gender identity” and “pregnancy outcomes” will appear on the ballot this November, the state’s high court ruled Thursday.

The decision from the Court of Appeals affirms a lower court ruling from June, dismissing an appeal “upon the ground that no substantial constitutional question is directly involved,” effectively declining to take up the case.

Democrats are hoping the ballot question will drive turnout in their favor this fall as the party frames the “equal rights” amendment as a way to protect abortion rights.

Republicans also have begun to strategize around the proposed amendment, moving to animate voters against the protections it might offer to transgender people.

A Republican state lawmaker had sued to block the ballot question, arguing that Democrats in the Legislature made a technical error when passing the amendment.

The state’s Constitution currently bans discrimination based on race, color, creed or religion. The proposed amendment would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive health care and autonomy.

It would not explicitly protect abortion rights in New York, where access to the procedure is already considered very safe. Instead, the proposed amendment would stop a person from being discriminated against for having an abortion.

The ballot question has been a crucial part of Democrats’ election strategy in New York. The party has tried to center key House races in New York on abortion access, warning voters that Republicans would try to curtail access to the procedure and betting that Democrats would cast ballots to protect abortion rights after the overturning of Roe v. Wade.

Republicans in turn have moved to use the proposed amendment to energize their base, with some officials arguing it would allow minors to access gender-affirming health care without parental notification. Supporters of the ballot question have said it would not impact a parent’s involvement in such medical decisions.

In a statement, New York Republican Party Chairman Ed Cox said the court was wrong to reject the legal challenge and said the proposed amendment “is a radical departure from common sense.”


Justin Timberlake charged with driving while intoxicated in the Hamptons
Headline Legal News | 2024/06/19 17:02
Pop star Justin Timberlake was charged early Tuesday with drunken driving in a village in New York’s Hamptons, after police said he ran a stop sign and veered out of his lane in the posh seaside summer retreat.

The boy band singer-turned-solo star and actor was driving a 2025 BMW in Sag Harbor around 12:30 a.m. when an officer stopped him and determined he was intoxicated, according to a court document.

“His eyes were bloodshot and glassy, a strong odor of an alcoholic beverage was emanating from his breath, he was unable to divide attention, he had slowed speech, he was unsteady afoot and he performed poorly on all standardized field sobriety tests,” the court papers said.

Timberlake, 43, told the officer he had one martini and was following some friends home, according to the documents. After being arrested and taken to a police station in nearby East Hampton, he refused a breath test, said the court papers, which listed his occupation as “professional” and said he’s “self-employed.”

The 10-time Grammy winner was released without bond later Tuesday morning after being arraigned in Sag Harbor. He was charged with a driving-while-intoxicated misdemeanor, and his next court date was scheduled for July 26, the Suffolk County district attorney’s office said.

Edward Burke Jr., a local lawyer representing Timberlake, declined to comment Tuesday other than to confirm the star doesn’t need to appear in person for his next court date. Timberlake’s California-based representatives didn’t return multiple requests for comment Tuesday.

The arrest brought a steady stream of curiosity seekers to the village’s quaint Main Street, with many taking photos in front of the brick municipal building throughout the day.

Even music legend Billy Joel, who owns a home in Sag Harbor, took in the scene outside the American Hotel, a popular hotel and restaurant located next to the courthouse where Timberlake had been spotted before his arrest.

“Judge not lest ye be judged,” the “Piano Man” singer told WPIX, declining to comment on Timberlake or his arrest.

A young Timberlake began performing as a Disney Mouseketeer, where his castmates included future girlfriend Britney Spears (he’s now married to actress Jessica Biel). He rose to fame in the behemoth boy band NSYNC, embarked on a solo recording career in 2002 and was one of pop’s most influential figures in the early 2000s.


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