Russian authorities ask the Court to declare the LGBTQ ‘movement’ extremist
Legal Topics | 2023/11/18 23:38
The Russian Justice Ministry on Friday said it has filed a lawsuit with the nation’s Supreme Court to outlaw the LGBTQ+ “international public movement” as extremist, the latest crippling blow against the already beleaguered LGBTQ+ community in the increasingly conservative country.

The ministry said in an online statement announcing the lawsuit that authorities have identified “signs and manifestations of extremist nature” in “the activities of the LGBT movement active” in Russia, including “incitement of social and religious discord.” Russia’s Supreme Court has scheduled a hearing to consider the lawsuit for Nov. 30, the ministry said.

It is not yet clear what exactly the label would entail for LGBTQ+ people in Russia if the Supreme Court sides with the Justice Ministry, and the ministry did not immediately respond to a request for comment. But the move in itself represents the latest, and possibly by far the most drastic, step in the decade-long crackdown on gay rights in Russia unleashed under President Vladimir Putin, who has put “traditional family values” at the cornerstone of his rule.

The crackdown, which began a decade ago, slowly but surely chipped away at LGBTQ+ rights. In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any non-critical public depiction of “nontraditional sexual relations” among minors. In 2020, Putin pushed through a constitutional reform to extend his rule by two more terms that also outlawed same-sex marriage.

In 2022, after sending troops into Ukraine, the Kremlin ramped up its rhetoric about protecting “traditional values” from what it called the West’s “degrading” influence, in what rights advocates saw as an attempt to legitimize the war in Ukraine. That same year, the authorities adopted a law banning propaganda of “nontraditional sexual relations” among adults, too, effectively outlawing any public endorsement of LGBTQ+ people.

Another law passed this year prohibited gender transitioning procedures and gender-affirming care for trans people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records. It also amended Russia’s Family Code by listing gender change as a reason to annul a marriage and adding those “who had changed gender” to a list of people who can’t become foster or adoptive parents.


Trump pushes for election interference trial to be televised
Legal Topics | 2023/11/15 18:56
Donald Trump is pushing for his federal election interference trial in Washington to be televised, joining media outlets that say the American public should be able to watch the historic case unfold.

Federal court rules prohibit broadcasting proceedings, but The Associated Press and other news organizations say the unprecedented case of a former president standing trial on accusations that he tried to subvert the will of voters warrants making an exception.

The Justice Department is opposing the effort, arguing that the judge overseeing the case does not have the authority to ignore the long-standing nationwide policy against cameras in federal courtrooms. The trial is scheduled to begin on March 4.

``I want this trial to be seen by everybody in the world,” Trump said Saturday during a presidential campaign event in New Hampshire. “The prosecution wishes to continue this travesty in darkness and I want sunlight.”

Lawyers for Trump wrote in court papers filed late Friday that all Americans should be able to observe what they characterize as a politically motivated prosecution of the Republican front-runner for his party’s 2024 nomination. The defense also suggested Trump will try to use the trial as a platform to repeat his unfounded claims that the 2020 election that he lost to Democrat Joe Biden was stolen from him. Trump has pleaded not guilty.

“President Trump absolutely agrees, and in fact demands, that these proceedings should be fully televised so that the American public can see firsthand that this case, just like others, is nothing more than a dreamt-up unconstitutional charade that should never be allowed to happen again,” Trump’s lawyers wrote.

The request for a televised trial comes as the Washington case has emerged as the most potent and direct legal threat to Trump’s political fortunes. Trump is accused of illegally scheming to overturn the election results in the run-up to the violent riot at the U.S. Capitol on Jan. 6, 2021, by his supporters.


Supreme Court Releases Nonbinding Code of Ethics After Public Pressure
Legal Topics | 2023/11/13 02:55
The U.S. Supreme Court issued a code of ethics earlier today following months of financial scandals tied to Justices Samuel Alito and Clarence Thomas.

The nonbinding code of conduct, undersigned by all nine justices, “represents a codification of principles that we have long regarded as governing our conduct,” according to the Court.

The code outlines five canons that justices should abide by. According to the document released, justices should (1) “uphold the integrity and independence of the judiciary,” (2) “avoid impropriety and the appearance of impropriety in all activities,” (3) “perform the duties of office fairly, impartially and diligently,” they (4) “may engage in extrajudicial activities that are consistent with the obligations of the judicial office” and (5) should “refrain from political activity.”

Given the milieu of the Court, the multiple sections guiding financial and fiduciary activities are of particular note. Since the start of the year, public polling has shown falling approval of the Supreme Court amidst repeated controversies surrounding transparency and ethics, including multiple ProPublica reports detailing undisclosed gifts from Republican billionaire Harlan Crow to Thomas and his family, which have spurred calls for change and reform at the nation’s highest court.

However, immediately apparent is the lack of an enforcement mechanism in this new code of conduct. As Take Back the Court’s President Sarah Lipton-Lubet pointed out in a statement, there are “53 uses of the word ‘should’ and only 6 of the word ‘must,’” and emphasized that “the Court cannot police itself.”

Professor Leah Litman, who teaches constitutional law and federal courts at the University of Michigan, criticized the financial guidelines, which allow justices to fundraise for law-related nonprofits, calling it “a hall pass for the Federalist Society galas and Koch Network 501c3 and 501c4 [organizations] ”

At the beginning of the month, 66 organizations led by the Alliance for Justice called for Thomas to resign from the Court immediately, citing the justice’s “egregious” conduct that “undermines the ordinary citizen’s faith in the rule of law, further destabilizing our democracy.”

It remains to be seen if an enforcement mechanism will be rolled out.


Ivanka Trump Gave Her Testimony in Trump Organization Fraud Trial
Legal Business | 2023/11/09 15:03
Ivanka Trump didn’t want to testify. But on the stand Wednesday in her father’s civil fraud trial, she took the opportunity to contend the family business has “overdelivered,” even as she kept her distance from financial documents that New York state says were fraudulent.

Former President Donald Trump’s elder daughter capped a major stretch in the lawsuit that could reshape his real estate empire. She followed her father and her brothers Eric and Donald Trump Jr. to the witness stand, and the New York attorney general’s office rested its case after her testimony. The defense gets its turn now.

Ivanka Trump has been in her father’s inner circle in both business and politics, as an executive vice president at the family’s Trump Organization and then as a senior White House adviser. But she testified that she had no role in his personal financial statements, which New York Attorney General Letitia James claims were fraudulently inflated and deceived banks and lenders.

“Those were not things that I was privy to,” beyond having seen “a few documents and correspondence” that referred to them, Ivanka Trump said.

The ex-president and Republican 2024 front-runner denies any wrongdoing. He insisted in court Monday that his financial statements actually greatly underestimated his net worth, that any discrepancies were minor, that a disclaimer absolved him of liability anyway and that “this case is a disgrace.”

In even-tempered testimony that provided a counterpoint to her father’s caustic turn on the stand, Ivanka Trump touched on some of the same notes that the ex-president has hammered inside court and out — portraying the Trump Organization as a successful developer of big-dollar projects that satisfied its lenders.

The Doral golf resort in Florida? A “Herculean” renovation undertaken to refurbish a faded treasure that Donald Trump had visited in childhood, his daughter testified.

The company’s historic Old Post Office building-turned-hotel in Washington? “A labor of love” to turn a dilapidated building into a super-luxury hotel, while navigating approvals from a raft of different government agencies.



Biden administration warns of disruption at border if judges halt asylum rule
Legal Topics | 2023/11/07 23:04
The Biden administration on Tuesday urged an appeals court to allow sweeping new asylum restrictions to stay in place, warning that halting them would be “highly disruptive” at the border.

The government is urging a panel of judges in Pasadena, California — two appointed by President Bill Clinton and one by President Donald Trump — to overturn a July ruling that sought to block the new asylum restrictions. The new restrictions made it far more difficult to qualify for asylum if a migrant didn’t first apply online or traveled through another country, such as Mexico, and didn’t seek protection there. They have remained in place during the appeal.

Although the judges didn’t rule immediately and gave no indication how they were leaning, the arguments occurred against a backdrop of Senate Republicans seeking to legislate far-reaching changes to asylum eligibility as part of President Joe Biden’s request for military aid to Ukraine and Israel.

Courts blocked similar measures under Trump but the Biden administration says its approach differs because it is coupled with new legal pathways to enter the country and creates exceptions. However, advocates represented by the American Civil Liberties Union, Center for Gender & Refugee Studies and National Immigrant Justice Center argue that they are recycled Trump-era policies that violate U.S. law allowing people to seek asylum no matter how and where they arrive.

A mobile app introduced in January allows asylum-seekers to make 1,450 appointments per day at official border crossings with Mexico, while the Biden administration has allowed up to 30,000 a month from Cuba, Haiti, Nicaragua and Venezuela to pursue asylum if they apply online with a financial sponsor and arrive at an airport.

Those new pathways represent “a very significant difference” from Trump policies, said Brian Boynton, a Justice Department attorney. Boynton also noted that 12% of the 57,700 asylum-seekers who were subject to the new rule through September avoided it by proving “exceptionally compelling circumstances,” including “acute medical emergency,” “imminent and extreme threat to life or safety” or being a victim of human trafficking.


Donald Trump Jr. takes the witness stand in fraud trial
Legal Topics | 2023/11/05 03:33
Donald Trump Jr. testified Wednesday that he never worked on his father’s financial statements, the documents now at the heart of the civil fraud trial that threatens former President Donald Trump’s real estate empire.

The ex-president’s eldest son is an executive vice president of the family’s Trump Organization and has been a trustee of a trust set up to hold its assets when his father was in the White House.

At least one of the annual financial statements bore language saying the trustees “are responsible” for the document. But Donald Trump Jr. said he didn’t recall ever working on any of the financial statements and had “no specific knowledge” of them.

The lawsuit centers on whether the former president and his business misled banks and insurers by inflating his net worth on the financial statements. He and other defendants, including sons Donald Jr. and Eric, deny wrongdoing.

Trump Jr. said he signed off on statements as a trustee, but had left the work to outside accountants and the company’s then-finance chief, Allen Weisselberg.

“As a trustee, I have an obligation to listen those who are expert — who have an expertise of these things,” he said.

“I wasn’t working on the document, but if they tell me that it’s accurate, based on their accounting assessment of all of the materials,” he said, “these people had an incredible intimate knowledge, and I relied on them.”

The first family member to testify, he is due to return to the stand Thursday. Next up will be his brother and fellow Trump Organization Executive Vice President Eric Trump and, on Monday, their father — the family patriarch, company founder, former president and 2024 Republican front-runner.

Daughter Ivanka, a former Trump Organization executive and White House adviser, is scheduled to take the stand Nov. 8. But her lawyers on Wednesday appealed Judge Arthur Engoron ‘s decision to require her testimony.


Sen. Menendez enters not guilty plea to a new conspiracy charge
Court News | 2023/10/30 22:02
U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.

“Not guilty,” Menendez, 69, said when Judge Sidney H. Stein asked him for a plea to the charge. It was his first appearance before Stein, who is expected to preside over a trial tentatively scheduled for May.

Stein said the plea was the sole purpose for the hearing and adjourned the proceeding after less than five minutes. The New Jersey Democrat left the courthouse minutes later without speaking to reporters waiting outside. At an arraignment before a magistrate judge last month, Menendez was released on a $100,000 bond.

In a statement issued after the hearing, Menendez repeated his claim that the new charge “flies in the face of my long record of standing up for human rights and democracy in Egypt and in challenging leaders of that country.”

He again called it “as outrageous as it is absurd” and said he has been loyal only to the United States his entire life.

“The facts haven’t changed. The government is engaged in primitive hunting, by which the predator chases its prey until it’s exhausted and then kills it. This tactic won’t work,” he said. “I will not litigate this case through the press, but have made it abundantly clear that I have done nothing wrong and once all the facts are presented will be found innocent.”

Menendez was forced to step down from his powerful post leading the Senate committee after he was charged last month. Prosecutors said the senator and his wife, Nadine Menendez, accepted bribes of cash, gold bars and a luxury car over the past five years from three New Jersey businessmen in exchange for a variety of corrupt acts.

The other defendants entered not guilty charges to a superseding indictment last week. The senator was permitted to delay his arraignment so he could tend to Senate duties. He has said that throughout his life he has been loyal to the United States and that he will prove he is innocent.



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