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.


Trump's lawyers ask judge to lift gag order imposed during New York trial
Headline Legal News | 2024/06/11 00:07
Donald Trump’s lawyers are asking a New York judge to lift the gag order that barred the former president from commenting about witnesses, jurors and others tied to the criminal case that led to his conviction for falsifying records to cover up a potential sex scandal.

In a letter Tuesday, Trump lawyers Todd Blanche and Emil Bove asked Judge Juan M. Merchan to end the gag order, arguing there is nothing to justify “continued restrictions on the First Amendment rights of President Trump” now that the trial is over.

Among other reasons, the lawyers said Trump is entitled to “unrestrained campaign advocacy” in light of President Joe Biden’s public comments about the verdict last Friday, and continued public criticism of him by his ex-lawyer Michael Cohen and porn actor Stormy Daniels, both key prosecution witnesses.

Trump’s lawyers also contend the gag order must go away so he’s free to fully address the case and his conviction with the first presidential debate scheduled for June 27.

The Manhattan district attorney’s office declined to comment.

Merchan issued Trump’s gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to attack people involved in his cases.

Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant. Comments about Merchan and District Attorney Alvin Bragg are allowed, but the gag order bars statements about court staff and members of Bragg’s prosecution team.

Trump was convicted Thursday of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to Daniels just before the 2016 election. She claims she had a sexual encounter with Trump a decade earlier, which he denies. He is scheduled to be sentenced July 11.

Prosecutors had said they wanted the gag order to “protect the integrity of this criminal proceeding and avoid prejudice to the jury.” In the order, Merchan noted prosecutors had sought the restrictions “for the duration of the trial.” He did not specify when they would be lifted.

Blanche told the Associated Press last Friday that it was his understanding the gag order would expire when the trial ended and that he would seek clarity from Merchan, which he did on Tuesday.


Ippei Mizuhara sports betting case: Shohei Ohtani interpreter pleads guilty
Headline Legal News | 2024/06/05 16:01
As an interpreter, Ippei Mizuhara was supposed to bridge the gap between baseball star Shohei Ohtani and his English-speaking teammates and fans as the duo traveled from Southern California to ballparks across the U.S.

Instead, Mizuhara exploited the Japanese-English language barrier to isolate Ohtani and profit, in the truest sense, from his proximity to the two-way player ‘s power. On Tuesday, the ex-interpreter pleaded guilty in federal court in Santa Ana, California, to bank and tax fraud for stealing nearly $17 million from the unsuspecting athlete’s Arizona bank account.

He spent the money to cover his growing gambling bets and debts with an illegal bookmaker, plus $325,000 worth of baseball cards and, to the shock of prosecutors, his own medical bills.

“In fact, after we announced the charges, we only discovered more fraud in this case,” said Martin Estrada, U.S. Attorney for the Central District of California. “We discovered Mr. Mizuhara had victimized Mr. Ohtani to the extent that he wouldn’t even pay for dental. He stole money from Mr. Ohtani to pay for his own dental expenses.”

The case involved arguably the world’s most famous baseball player and the sport’s most valuable voice. Despite the international media frenzy, Tuesday’s 45-minute proceeding was fairly mundane: Ohtani was known as “Victim A” inside the courtroom and the ex-interpreter only spoke to acknowledge his guilt.

The case involved arguably the world’s most famous baseball player and the sport’s most valuable voice. Despite the international media frenzy, Tuesday’s 45-minute proceeding was fairly mundane: Ohtani was known as “Victim A” inside the courtroom and the ex-interpreter only spoke to acknowledge his guilt.

“I worked for Victim A and had access to his bank account and had fallen into major gambling debt,” Mizuhara told the judge. “I went ahead and wired money … with his bank account.”

He and his attorney declined to comment after the hearing.

Inside baseball, Mizuhara stood by Ohtani’s side for many of the Japanese sensation’s career highlights, from serving as his catcher during the Home Run Derby at the 2021 All-Star Game, to being there for his two American League MVP wins and his record-shattering $700 million, 10-year deal with the Los Angeles Dodgers.

Off the field, Mizuhara became Ohtani’s friend and confidant. He famously resigned from the Los Angeles Angels during the 2021 MLB lockout so he could keep speaking to Ohtani — he was rehired after a deal was struck — and their wives reportedly socialized.

But Mizuhara gambled it all away, betting tens of millions of dollars that weren’t his to wager on international soccer, the NBA, the NFL and college football — though prosecutors said he never bet on baseball.

Estrada, the U.S. attorney, said Ohtani was particularly vulnerable, despite his fame.

“Mr. Ohtani is an immigrant who came to this country, is not familiar with the ways of this country and therefore was easily prey to someone who was more familiar with our financial systems,” Estrada said during a news conference in downtown Los Angeles after the hearing.

Federal prosecutors said Mizuhara’s scheme began in 2021 when he switched the bank account’s contact information from Ohtani’s to his own, meaning any communication from the financial institution would be sent directly to him without Ohtani knowing.

Mizuhara capitalized on the language barrier to keep Ohtani’s financial advisers from understanding their client, and at times, Mizuhara even impersonated the player to the bank to prolong the fraud.

The ploy allowed Mizuhara to plunder just under $17 million from the account — which he’d helped Ohtani set up in Phoenix in 2018 to deposit his paychecks — from 2021 until earlier this year.

Mizuhara’s winning wagers totaled over $142 million, which he deposited in his own bank account and not Ohtani’s. But his losing bets were around $183 million, a net loss of nearly $41 million.

Tuesday’s guilty plea was anticipated after Mizuhara agreed to a deal with the U.S. Attorney’s Office last month. He pleaded guilty to one count of bank fraud, which carries up to 30 years in federal prison, and one count of subscribing to a false tax return, which could add a maximum of three years of incarceration.

A sentencing hearing is scheduled for October. Mizuhara also could be on the hook for restitution to Ohtani that could total nearly $17 million, as well as more than $1 million to the IRS. And as a legal permanent resident who has a green card, he might be deported to Japan. The investigation into Mizuhara stemmed from a broader probe of illegal sports bookmaking organizations in Southern California and the laundering of proceeds through casinos in Las Vegas. Overall, authorities have netted a dozen defendants.



Trump hush money trial: Trump held in contempt of court for gag order violation
Headline Legal News | 2024/04/29 05:55
Donald Trump was held in contempt of court Tuesday and fined $9,000 for repeatedly violating a gag order that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case. And if he does it again, the judge warned, he could be jailed.

Prosecutors had alleged 10 violations, but New York Judge Juan M. Merchan found there were nine. The ruling was a stinging rebuke for the presumptive Republican nominee, who had insisted he was exercising his free speech rights. Trump stared down at the table in front of him as the judge read the ruling, frowning slightly.

Merchan wrote that he is “keenly aware of, and protective of,” Trump’s First Amendment rights, “particularly given his candidacy for the office of President of the United States.”

“It is critically important that defendant’s legitimate free speech rights not be curtailed, that he be able to fully campaign for the office which he seeks and that he be able to respond and defend himself against political attacks,” Merchan wrote.

Still, he warned, that the court would not tolerate “willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.”

The ruling came at the start of the second week of testimony in the historic case. Manhattan prosecutors say Trump and his associates took part in an illegal scheme to influence the 2016 presidential campaign by burying negative stories. He has pleaded not guilty.

Trump was ordered to pay the fine by the close of business Friday, Merchan ruled, and he must remove seven offending posts from his Truth Social account and two from his campaign website by 2:15 p.m. EDT Tuesday, Merchan said. The judge is also weighing other alleged gag order violations by Trump and will hear arguments Thursday.

Of the 10 posts, the one Merchan ruled was not a violation came on April 10, a post referring to witnesses Michael Cohen and Stormy Daniels as “sleaze bags.” Merchan said Trump’s contention that he was responding to previous posts by Cohen “is sufficient to give” him pause on whether the post was a violation.

Among those he found to be violations, Merchan ruled that a Trump post quoting Fox News host Jesse Watters’ claim that liberal activists were lying to infiltrate the jury “constitutes a clear violation” of the gag order. Merchan noted that the words contained within the quotation marks in Trump’s April 17 post misstated what Watters actually said.



Court questions obstruction charges brought against Jan. 6 rioters and Trump
Headline Legal News | 2024/04/17 15:50
The Supreme Court on Tuesday questioned whether federal prosecutors went too far in bringing obstruction charges against hundreds of participants in the Jan. 6, 2021, Capitol riot. But it wasn’t clear how the justices would rule in a case that also could affect the prosecution of former President Donald Trump, who faces the same charge for his efforts to overturn his election loss in 2020.

The justices heard arguments over the charge of obstruction of an official proceeding in the case of Joseph Fischer, a former Pennsylvania police officer who has been indicted for his role in disrupting Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump. Fischer is one of 330 people facing that charge, which stems from a law passed in the aftermath of the Enron financial scandal more than two decades ago to deal with the destruction of documents.

Trump is facing two charges in a separate case brought by special counsel Jack Smith in Washington that could be knocked out with a favorable ruling from the nation’s highest court. Next week, the justices will hear arguments over whether the former president and presumptive nominee for the 2024 Republican nomination has “absolute immunity” from prosecution in that case, a proposition that has so far been rejected by two lower courts.

Smith has argued separately in the immunity case that the obstruction charges against Trump are valid no matter how the court decides Fischer’s case. The first former U.S. president under indictment, Trump is on trial on hush money charges in New York and also has been charged with election interference in Georgia and with mishandling classified documents in Florida.

It was not clear after more than 90 minutes of arguments precisely where the court would land in Fischer’s case. Conservative justices Samuel Alito and Neil Gorsuch appeared most likely to side with Fischer, while liberal Justices Elena Kagan and Sonia Sotomayor seemed more favorable to the Justice Department’s position.

Justices Amy Coney Barrett and Ketanji Brown Jackson, a former federal public defender, expressed interest in more of a middle-ground outcome that might make it harder, but not impossible, for prosecutors to use the obstruction charge.

Some of the conservative justices said the law was so broad that it could be used against even peaceful protests and also questioned why the Justice Department has not brought charges under the provision in other violent protests.



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