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Supreme Court's future hangs in the balance in 2016
Legal Topics |
2016/04/01 17:34
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Hillary Clinton said Monday that the future of the Supreme Court would hang in the balance of the 2016 election, warning that Republican front-runner Donald Trump would bring division to the court if he was allowed to shape its future.
Clinton said Trump would roll back the rights of individuals and further empower corporations, pointing to his past statements about building a wall along the Mexican border and barring all non-citizen Muslims from entering the United States.
"In a single term, the Supreme Court could demolish pillars of the progressive movement," Clinton said at the University of Wisconsin. She pointed to the possibility of a Trump presidency, asking, "What kind of justice will a President Trump appoint?"
Clinton opened a two-day campaign trip in Wisconsin ahead of the state's April 5 primary with a topic certain to unite Democrats whether they support her or Vermont Sen. Bernie Sanders: President Barack Obama's nomination of Judge Merrick Garland.
Republicans have said the late Justice Antonin Scalia should not be replaced until the next president picks a nominee. But Clinton argued it was reminiscent of GOP-led gridlock that stymied Obama's two terms.
"We chose a president. We chose him twice," Clinton said. "And now Republicans in the Senate are acting like our votes didn't count and President Obama is not still our nation's leader."
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Clinton: Americans should put Court nomination at forefront
Legal Topics |
2016/03/28 16:23
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Hillary Clinton wants voters to consider what Republican front-runner Donald Trump might do to shape the Supreme Court.
Clinton planned to use in a speech in Madison, Wisconsin, on Monday to argue that Trump could roll back the rights of individuals, further empower corporations and undo some of the nation's progress.
Clinton was campaigning in Wisconsin ahead of the state's April 5 primary and speaking Monday at the University of Wisconsin about President Barack Obama's nomination of Judge Merrick Garland.
Clinton holds a large lead among delegates against Democratic rival Bernie Sanders but is trying to stamp out the Vermont senator's momentum following his victories in five of the last six states holding contests.
Clinton's campaign said ahead of the speech that the Democratic presidential candidate would call on Senate Judiciary Chairman Charles Grassley of Iowa to commit to giving Garland a hearing. Grassley and Senate Majority Leader Mitch McConnell, R-Ky., have said that the late Justice Antonin Scalia should not be replaced until the next president picks a nominee.
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Attorney: Court ruling lets Ohio political candidates lie
Court News |
2016/03/27 16:45
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Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.
Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.
In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.
Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."
Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.
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Supreme Court rejects Blagojevich appeal in corruption case
Court Watch |
2016/03/26 16:45
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The Supreme Court on Monday rejected former Illinois Gov. Rod Blagojevich's appeal of his corruption convictions that included his attempt to sell the vacant Senate seat once occupied by President Barack Obama.
The justices let stand an appeals court ruling that found Blagojevich crossed the line when he sought money in exchange for naming someone to fill the seat. Blagojevich, 59, is serving a 14-year sentence at a federal prison in Colorado.
A federal appeals court last year threw out five of his 18 convictions and Blagojevich was hoping the Supreme Court would consider tossing the rest. His lawyers argued in an 83-page November filing that the line between the legal and illegal trading of political favors has become blurred, potentially leaving politicians everywhere subject to prosecution.
The appeal to the high court was a last slim hope for Blagojevich, who has proclaimed his innocence for years. Since his 2008 arrest and through his two trials, Blagojevich has argued he was participating in legal, run-of-the-mill politicking.
Blagojevich meanwhile is awaiting a resentencing ordered in July by the 7th U.S. Circuit Court of Appeals in Chicago when it ruled to toss the five convictions.
The Supreme Court hears only around 80 cases a year out of more than 10,000 requests and typically accepts cases that raise weighty and divisive legal issues.
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Karadzic convicted of genocide, sentenced to 40 years
Legal Business |
2016/03/24 15:43
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A U.N. court convicted former Bosnian Serb leader Radovan Karadzic of genocide and nine other charges Thursday and sentenced him to 40 years in prison for orchestrating Serb atrocities throughout Bosnia's 1992-95 war that left 100,000 people dead.
As he sat down after hearing his sentence, Karadzic slumped slightly in his chair, but showed little emotion.
The U.N. court found Karadzic guilty of genocide in the 1995 Srebrenica massacre in which 8,000 Muslim men and boys were slaughtered in Europe's worst mass murder since the Holocaust.
Presiding Judge O-Gon Kwon said Karadzic was the only person in the Bosnian Serb leadership with the power to halt the genocide.
In a carefully planned operation, Serb forces transported Muslim men to sites around the Srebrenica enclave in eastern Bosnia and gunned them down before dumping their bodies into mass graves.
Kwon said Karadzic and his military commander, Gen. Ratko Mladic, intended "that every able-bodied Bosnian Muslim male from Srebrenica be killed."
Karadzic was also held criminally responsible for murder, attacking civilians and terror for overseeing the deadly 44-month siege of the Bosnian capital, Sarajevo, during the war and for taking hostage U.N. peacekeepers.
However, the court acquitted Karadzic in a second genocide charge, for a campaign to drive Bosnian Muslims and Croats out of villages claimed by Serb forces.
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Court gives green light to death penalty fast-tracking
Legal Interview |
2016/03/23 15:43
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A federal appeals court Wednesday cleared the way for the Department of Justice to allow states to have their inmates' death penalty appeals expedited through federal court.
Legal organizations that challenged the DOJ's criteria for certifying states for the fast-track program lacked standing to bring the lawsuit, the 9th U.S. Circuit Court of Appeals said. The court also noted that the DOJ had not yet granted any certifications, and those certifications would be reviewed by a separate appeals court.
The decision threw out a lower court ruling that blocked the certification process.
The fast-track program would require inmates to file petitions in federal court within six months of a final ruling on their appeal in state court. They normally have a year. It would also require federal courts to act faster on the inmates' petitions.
At least one state, Arizona, has asked the DOJ to certify it for the fast-track program.
Opponents say it would force attorneys representing death penalty inmates to scramble to file appeals, possibly leading some cases to be neglected. Supporters say the program could take years off the death penalty appeals process, giving crime victims faster justice.
"This decision is important not only for the families of murder victims, but also for everyone in the United States who depends upon the rule of law and relies upon the courts to follow it," Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, said in a statement. The Sacramento-based nonprofit organization advocates for swift punishment for guilty defendants and filed arguments in the case.
Marc Shapiro, an attorney for the legal organizations that sued — the San Francisco-based Habeas Corpus Resource Center and the Office of the Federal Public Defender in Arizona — said he will ask a larger 9th Circuit panel to review the ruling.
"We're living in a time where our system of capital punishment is being exposed for its critical flaws," he said. "There's a heightened need for assuring we're not sending innocent or otherwise undeserving people to the execution chamber."
To qualify for the fast-track program, a state has to require a court to appoint an attorney to represent an indigent capital inmate unless the inmate rejects the attorney or is not indigent, according to the 9th Circuit's ruling. Regulations finalized by the DOJ in 2013 set benchmarks for attorney competency. |
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Judge begins to deliver verdict in Ukrainian pilot trial
Headline Legal News |
2016/03/22 07:23
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A Russian court has begun reading a verdict for Ukrainian pilot Nadezhda Savchenko, who is charged with complicity to murder two Russian journalists in war-torn eastern Ukraine.
The judge began reading the verdict Monday morning. He quoted arguments by prosecutors who said Savchenko, who served in a volunteer Ukrainian battalion at the time, called in the coordinates for shelling that killed the two journalists and several civilians in July 2014. He also quoted them as saying she was driven by "political hatred" toward residents of Ukraine's Luhansk region.
The judge in the trial quoted the prosecution saying that Savchenko was part of a "criminal group" and aimed to kill an "unlimited number of people."
Prosecutors have asked for a 23-year prison sentence for Savchenko. Sentencing is expected on Tuesday.
This story has been corrected to show that Savchenko has not been found guilty. The judge, quoting prosecutors, said Savchenko was complicit in the killing, but stopped short of pronouncing her guilty. A verdict will come at the end of the verdict-reading process, which is expected to take two days.
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