Romanian court orders a recount of presidential election first round
Legal Business | 2024/11/28 19:24
A top Romanian court on Thursday asked the official electoral authority to recount and verify all of the ballots cast in the first round of the presidential election, which was won by a far-right outsider candidate, sending shockwaves through the political establishment.

The Constitutional Court in Bucharest approved the recounting of the more than 9.4 million ballots, and said its decision was final. The Central Election Bureau is expected to meet on Thursday afternoon to discuss the request.

Calin Georgescu, a little-known, far-right populist and independent candidate, won the first round, beating the incumbent prime minister. Georgescu was due to face reformist Elena Lasconi, the leader of the Save Romania Union party, in a Dec. 8. runoff.

Georgescu’s unexpected success has prompted nightly protests by people concerned with previous remarks he made in praising Romanian fascist and nationalist leaders and Russian President Vladimir Putin, and believe he poses a threat to democracy.

Without naming Georgescu, Romanian President Klaus Iohannis’ office said following a Supreme Council of National Defense meeting in Bucharest on Thursday that an analysis of documents revealed that “a presidential candidate benefited from massive exposure due to preferential treatment granted by the TikTok platform.”

Earlier this week, Romania’s National Audiovisual Council asked the European Commission to investigate TikTok’s role in the Nov. 24 vote. Pavel Popescu, the vice president of Romania’s media regulator Ancom, said he would request TikTok’s suspension in Romania if investigations find evidence of “manipulation of the electoral process.”

The vote recount was prompted by a complaint made by Cristian Terhes, a former presidential candidate of the Romanian National Conservative Party who garnered 1% of the vote. Terhes alleged that Lasconi’s party had urged people to vote before some diaspora polls had closed on Sunday, saying it violated electoral laws against campaign activities on polling day.

After Thursday’s court ruling, Terhes’ press office posted on Facebook that the court ordered the recount “due to indications of fraud,” and alleged that valid votes cast for Ludovic Orban — who had dropped out of the race but remained on the ballot — had been reassigned to Lasconi.

It is the first time in Romania’s 35-year post-communist history that the country’s most powerful party, the Social Democratic Party, did not have a candidate in the second round of a presidential race. Prime Minister Marcel Ciolacu resigned as party leader after he narrowly lost to Lasconi by just 2,740 votes.


New Hampshire courts hear 2 cases on transgender girls playing girls sports
Attorney News | 2024/11/22 14:27
Two New Hampshire fathers who were barred from school district events for wearing pink wristbands marked “XX” to represent female chromosomes insisted at a federal court hearing Thursday that they didn’t set out to harass or otherwise target a transgender soccer player at the game they attended.

But a judge hearing the case suggested the message the parents sent may matter more than their intentions.

Kyle Fellers and Anthony Foote sued the Bow school district after being banned from school grounds for wearing the wristbands at their daughters’ soccer game in September. The no-trespass orders have since expired, but a judge is deciding whether the plaintiffs should be allowed to wear the wristbands and carry signs at upcoming school events, including basketball games, swim meets and a music concert, while the case proceeds.

Testifying at Thursday’s hearing, both men said that they did not view the wristbands as a protest against Parker Tirrell, a transgender girl on the opposing team, but rather as a show of support for their daughters and their teammates. U.S. District Court Judge Steven McAuliffe questioned whether there is a meaningful distinction and whether their intentions matter.

“Sometimes the message you think you’re sending might not be the message that is being sent,” he said.

McAuliffe asked Foote whether it occurred to him that a transgender person might interpret the pink XX wristbands as an attempt to invalidate their existence.

“If he’s a trans female, pink might be a color he likes,” Foote said.

McAuliffe also noted that while both plaintiffs said they had no problem with transgender people outside the issue of sports, they repeatedly referred to the athlete in question as a boy.

“You seem to go out of your way to suggest there’s no such thing as a trans girl,” McAuliffe said. Foote disagreed, saying it was “like learning a new language” to refer to transgender people.

In a separate courtroom earlier Thursday, another judge held a hearing on a lawsuit brought by Parker Tirrell and another student challenging the state law that bans transgender athletes in grades 5 to 12 from teams that align with their gender identity. It requires schools to designate all teams as either girls, boys or coed, with eligibility determined based on students’ birth certificates “or other evidence.”

U.S. District Court Chief Judge Landya McCafferty ruled earlier this year that the teens can try out for and play on girls school sports teams. The order only applies to those two individuals for now as they seek to overturn the Fairness in Women’s Sports Act on behalf of all transgender girl students in New Hampshire.

Lawyers for the teens said in court Thursday they hoped the matter could go to trial and be resolved before the start of the next school year in September. They said the teens’ school districts and others in the state have asked for guidance regarding the statute. Lawyers for the state said they needed more time to prepare.

Judge Talesha Saint-Marc suggested the timing of the trial was ambitious and asked that both sides talk further about scheduling. Gov. Chris Sununu, who signed the Fairness in Women’s Sports Act into law in July, has said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions.” About half of states have adopted similar measures.


ICC issues arrest warrants for Netanyahu and Hamas officials
Legal Business | 2024/11/20 22:27
The International Criminal Court issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and Hamas officials, accusing them of war crimes and crimes against humanity over their 13-month war in Gaza and the October 2023 attack on Israel respectively.

Netanyahu condemned the arrest warrant against him, saying Israel “rejects with disgust the absurd and false actions.” In a statement released by his office, he said: “There is nothing more just than the war that Israel has been waging in Gaza.”

The decision turns Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a cease-fire to end the fighting. But its practical implications could be limited since Israel and its major ally, the United States, are not members of the court and two of the Hamas officials were killed in the conflict.

Netanyahu and other Israeli leaders have condemned ICC Chief Prosecutor Karim Khan’s request for warrants as disgraceful and antisemitic. U.S. President Joe Biden blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also slammed the request.

The three-judge panel issued a unanimous decision to issue warrants for Netanyahu and his former defense minister, Yoav Gallant.

“The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the decision said.

The court also issued a warrant for Mohammed Deif, one of the leaders of Hamas, over the October 2023 attacks that triggered Israel’s offensive in Gaza. The ICC chief prosecutor withdrew his request for warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, after they were both killed in the conflict.




Court overturns actor Jussie Smollett's 2019 conviction in hate crime hoax case
Headline Legal News | 2024/11/17 22:27
Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.

The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions while election workers are sorting through thousands of provisional ballots.

McCormick’s campaign called it a “massive setback” for Casey.

The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that Republicans say several Democratic-controlled counties nevertheless challenged.

In a statement, Gov. Josh Shapiro, a Democrat, said a lack of legal clarity had surrounded the ballots, putting county officials in a position where they were “damned if they did and damned if they didn’t — likely facing legal action no matter which decision they made on counting.”

It comes amid a gust of fresh litigation in recent days filed by both campaigns, contesting the decisions of about a dozen counties over whether or not to count thousands of provisional ballots.

Casey’s campaign says the provisional ballots shouldn’t be rejected for garden-variety errors, like a polling place worker forgetting to sign it. Republicans say the law is clear that the ballots must be discarded.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands.

Republicans last week asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.



Tight US House races in California as GOP maintains control over the chamber
Legal Business | 2024/11/14 14:03
Republicans and Democrats awaited the outcome of vote-counting for crucial U.S. House districts in California on Wednesday, as the GOP clinched majority control of the chamber next year with a race call in neighboring Arizona.

In a rematch from 2022, Rep. Ken Calvert — the longest-serving Republican in the state’s congressional delegation — defeated rival Democrat Will Rollins in the 41st District, which lies east of Los Angeles and was a top target for national Democrats.

In Southern California’s Orange County, Democrat Dave Min defeated Republican Scott Baugh in a closely divided swing district, ending Baugh’s bid to seize the seat being vacated by Democratic Rep. Katie Porter in what was once a conservative stronghold.

The 47th District, southeast of Los Angeles, was a top target for national Republicans looking to protect and possibly expand the their narrow majority.

Calvert, who was backed by President-elect Donald Trump, claimed his 17th term in a district narrowly carried by Trump in 2020.

“This is a hard-fought victory that shows voters want someone who will put results above partisan politics,” Calvert said in a post on the social platform X.

Min, also posting on X, said that in Congress he will “fight to protect our democracy, safeguard our freedoms and expand economic opportunity.”

Baugh said on the same platform that “despite running a strong campaign … that effort is going to come up a little short.”

On Tuesday, Republican Rep. David Valadao’s victory in California’s 22nd District moved Republicans within two wins of retaining the House gavel, with the tally 216-207 in favor of the GOP, as counting continued in a sliver of races across the country.

With Calvert’s win, the Republican tally reached 217. That became 218 on Wednesday night, securing a majority margin, as Rep. Juan Ciscomani won reelection to a seat representing southeastern Arizona. Some squeaker races remained in play in California.

In the 45th District, anchored in Orange County, Republican Rep. Michelle Steel’s lead over Democrat Derek Tran was whittled down to a few hundred votes as counting continued.

California is known as a liberal protectorate — Democrats hold every statewide office, dominate the Legislature and congressional delegation and outnumber registered Republicans by a staggering 2-1 ratio. Still, Republicans retain pockets of political clout in the Southern California suburbs and vast rural stretches, including the Central Valley farm belt.

Orange County was once considered conservative holy ground, where white, suburban homeowners delivered winning margins for Republicans year after year. It was a foundational block in the Reagan revolution. But the county has become more demographically diverse and Democratic over time, like much of the state.

The 47th District, which includes Huntington Beach and other famous surf breaks, has been occupied by Porter, a progressive favorite who in 2022 narrowly defeated Baugh, a former Republican legislator. Porter, known for grilling CEOs during Capitol Hill hearings, stepped aside to run for U.S. Senate, but lost in the primary.

Given the stakes in the closely divided district, the contest was especially rancorous. Min ads called Baugh a “MAGA extremist” who would endanger abortion rights. Baugh said Min’s “extreme liberal views” were out of step with the district.



Judge cancels court deadlines in Trump’s election case after his presidential win
Headline Legal News | 2024/11/10 18:18
The judge overseeing Donald Trump’s 2020 election interference case canceled any remaining court deadlines Friday while prosecutors assess the “the appropriate course going forward” in light of the Republican’s presidential victory.

Special Counsel Jack Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Smith’s team has been evaluating how to wind down the two federal cases before the president-elect takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter told The Associated Press.

Trump’s victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.

Trump has criticized both cases as politically motivated, and has said he would fire Smith “within two seconds” of taking office.

In a court filing Friday in the 2020 election case, Smith’s team asked to cancel any upcoming court deadlines, saying it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”

U.S. District Judge Tanya Chutkan quickly granted the request, and ordered prosecutors to file court papers with their “proposed course for this case” by Dec. 2.

Trump had been scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot. But his case was halted as Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the U.S. Supreme Court.



High court won’t review Kari Lake’s appeal over 2022 governor’s race defeat
Legal Business | 2024/11/08 16:22
The Arizona Supreme Court has declined to hear Republican Kari Lake’s latest appeal over her defeat in the 2022 governor’s race, marking yet another loss in her attempt to overturn the race’s outcome.

The court made its refusal to take up the former TV anchor’s appeal public on Thursday without explaining its decision.

Lake, now locked in a U.S. Senate race against Democrat Ruben Gallego, had lost the governor’s race to Democrat Katie Hobbs by over 17,000 votes.

The courts had previously rejected Lake’s claims that problems with ballot printers at some Maricopa County polling places on Election Day in 2022 were the result of intentional misconduct and that Maricopa County didn’t verify signatures on mail ballots as required by law. A judge also turned down Lake’s request to examine the ballot envelopes of 1.3 million early voters. In all, Lake had three trials related to the 2022 election.

Despite her earlier losses in court and a ruling affirming Hobbs’ victory, Lake had asked the Arizona Supreme Court to review her case, claiming she had new evidence to support her claims. Lawyers for Maricopa County told the court that Lake failed to present any new evidence that would change the courts’ findings.

Lake is among the most vocal of Republican candidates promoting lies that Donald Trump had won the 2020 election over President Joe Biden, which she made the centerpiece of her campaign for governor. While most other election deniers around the country conceded after losing their races, Lake did not.

The Lake campaign didn’t respond to an email seeking comment on the Supreme Court’s latest decision.


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