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Court affirms actor Jussie Smollett’s convictions and jail sentence
Legal Business |
2023/12/02 08:18
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An appeals court upheld the disorderly conduct convictions Friday of actor Jussie Smollett, who was accused of staging a racist, homophobic attack against himself in 2019 and lying about it to Chicago police.
Smollett, who appeared in the TV show “Empire,” challenged the role of a special prosecutor, jury selection, evidence and many other aspects of the case. But all were turned aside in a 2-1 opinion from the Illinois Appellate Court.
Smollett had reported to police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The search for the attackers soon turned into an investigation of Smollett himself, leading to his arrest on charges he had orchestrated the whole thing.
Authorities said he paid two men whom he knew from work on “Empire,” which filmed in Chicago. Prosecutors said Smollett told the men what slurs to shout, and to yell that he was in “MAGA Country,” a reference to Donald Trump’s presidential campaign slogan.
A jury convicted Smollett in 2021 on five felony counts of disorderly conduct, a charge that can be filed in Illinois when a person lies to police.
He now will have to finish a 150-day stint in jail that was part of his sentence. Smollett spent just six days in jail while his appeal was pending.
Lawyers for Smollett, who is Black and gay, have publicly claimed that he was the target of a racist justice system and people playing politics. “We are preparing to escalate this matter to the Supreme Court,” Smollett spokeswoman Holly Baird said, referring to Illinois’ highest court and also noting that the opinion at the appellate court wasn’t unanimous.
Appellate Justice Freddrenna Lyle would have thrown out the convictions. She said it was “fundamentally unfair” to appoint a special prosecutor and charge Smollett when he had already performed community service as part of a 2019 deal with Cook County prosecutors to close the case. |
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New Mexico Supreme Court upholds Democratic-drawn congressional map
Legal Business |
2023/11/28 15:51
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The New Mexico Supreme Court upheld a Democratic-drawn congressional map that divvied up a conservative, oil-producing region and reshaped a swing district along the U.S. border with Mexico, in an order published Monday.
All five justices signed a shortly worded order to affirm a lower court decision that the redistricting plan enacted by Democratic state lawmakers in 2021 succeeded in substantially diluting votes of their political opponents — but that the changes fell short of “egregious” gerrymandering.
The Republican Party argued unsuccessfully that the new district boundaries would entrench Democratic officials in power, highlighting the 2022 defeat of incumbent GOP Congresswoman Yvette Herrell by Democratic U.S. Rep. Gabe Vasquez.
Democratic state lawmakers argued that the 2nd District in southern New Mexico remains competitive, with just a 0.7% margin of victory in the 2022 election.
The district is one of about a dozen in the national spotlight as Republicans campaign to keep their slim U.S. House majority in 2024. Courts ruled recently in Alabama, Louisiana and Florida that Republican-led legislatures had unfairly diluted the voting power of Black residents. Legal challenges to congressional districts are also ongoing in Arkansas, Kentucky, South Carolina, Tennessee, Texas and Utah.
State Republican Party Chairman Steve Pearce said the legal outcome in New Mexico “leaned heavily on the closeness of the previous election” in which a “popular Republican incumbent” was defeated by a lesser-known rival.
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Trump celebrates win in Colorado election case during return visit to Iowa
Legal Business |
2023/11/20 15:39
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Former President Donald Trump celebrated a win in a closely watched election case during a return visit to Iowa Saturday, where he blasted his political foes and encouraged his supporters to not move past their grievances with President Joe Biden.
A Colorado judge Friday rejected an effort to keep the GOP front-runner off the state’s primary ballot, concluding that Trump had engaged in insurrection during the Jan. 6, 2021, attack on the U.S. Capitol but that it was unclear whether a Civil War-era constitutional amendment barring insurrectionists from public office applied to the presidency. It was Trump’s latest win following rulings in similar cases in Minnesota and Michigan.
Trump, campaigning in west-central Iowa, called the decision “a gigantic court victory” as he panned what he called “an outrageous attempt to disenfranchise millions of voters by getting us thrown off the ballot.”
“Our opponents are showing every day that they hate democracy,” he charged before a crowd of about 2,000 people at a commit-to-caucus event at a high school in Fort Dodge, Iowa, where supporters decked out in Trump gear had lined up for hours to get a seat in the gymnasium.
Trump’s visit was part of his fall push to sign up supporters and volunteers before the state’s fast-approaching caucuses that will kick off the race for the Republican presidential nomination. It was the latest in a series of targeted regional stops aimed at seizing on the large crowds the former president draws to press attendees to commit to vote for him and serve as precinct leaders on Jan. 15.
While Trump boasted that polls show him far ahead of other contenders, he urged those in attendance Saturday to turn out on caucus day to “make sure we have a big victory” that would signal to other candidates that they should drop out. |
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Ivanka Trump Gave Her Testimony in Trump Organization Fraud Trial
Legal Business |
2023/11/09 15:03
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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.
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Sydney court postpones extradition hearing of former US military pilot
Legal Business |
2023/10/24 18:59
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A Sydney court on Monday postponed an extradition hearing for a former U.S. military pilot accused of illegally training Chinese aviators until May as his lawyers attempt to further build their case.
Boston-born Dan Duggan, 55, was scheduled to fight his extradition to the United States at a Nov. 23 hearing in the downtown Downing Center Local Court.
But a magistrate decided to use that date to rule on what additional information that the Australian defense department and security agencies should provide defense lawyers.
U.S. lawyer Trent Glover told the court the United States was ready to proceed with the extradition, but had agreed with defense lawyers the hearing should take place after November.
Duggan’s lawyer, Dennis Miralis, told reporters outside court that the stakes were high for his client, who faces up to 65 years in prison if convicted.
“This is existential, which means that every right that Dan has under the Australian legal system on the basis that he’s presumed innocent ... needs to properly and carefully be considered,” Miralis said.
Duggan’s wife, Saffrine, has said she asked Australian Prime Minister Anthony Albanese to advocate against the extradition when he meets President Joe Biden in Washington this week.
But in a news conference on Sunday before departing for the United States, Albanese said Duggan, who became an Australian citizen in 2012, was not on the agenda of his meetings with U.S. officials.
“I don’t discuss things that are legal matters on the run, nor should I,” Albanese told reporters.
Duggan has been in custody since Oct. 21 last year when he was arrested near his home in Orange, New South Wales.
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Trump lawyers seek dismissal of DC federal election subversion case
Legal Business |
2023/10/06 07:35
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Lawyers for Donald Trump asked a judge Thursday to dismiss the Washington federal election subversion case against him, arguing the Republican is immune from prosecution for actions they say were taken in his official role as president.
The motion amounts to the most pointed attack yet by defense lawyers on the federal case charging Trump with plotting to overturn the results of the 2020 presidential election he lost to Democrat Joe Biden. It tees up a fight over the scope of presidential power, forcing courts to wrestle with whether the actions Trump took in his failed bid to remain in office fell within his duties as commander-in-chief or whether they strayed far outside his White House responsibilities and are subject to prosecution.
“Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the ‘outer perimeter,’ but at the heart of his official responsibilities as President,” the defense motion states. “In doing so, the prosecution does not, and cannot, argue that President Trump’s efforts to ensure election integrity, and to advocate for the same, were outside the scope of his duties.”
The presidential immunity argument had been foreshadowed for weeks by defense lawyers as one of multiple challenges they intended to bring against the indictment.
Special counsel Jack Smith’s team is expected to vigorously contest the motion. It is not clear when U.S. District Judge Tanya Chutkan might rule, but potentially protracted arguments over the motion — including an expected appeal if she denies the request — could delay the case as courts step into what defense lawyers described an unsettled question.
The Supreme Court has held that presidents are immune from civil liability for actions related to their official duties. But Trump’s lawyers noted in their motion that no court has addressed the question of whether that immunity shields a president from criminal prosecution, hinting that the defense will likely fight the issue all the way to the nation’s highest court.
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Judge rules Trump committed fraud while building real estate empire
Legal Business |
2023/09/25 22:29
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A judge ruled Tuesday that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House, and he ordered some of the former president’s companies removed from his control and dissolved.
Judge Arthur Engoron, ruling in a civil lawsuit brought by New York Attorney General Letitia James, found that Trump and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing loans.
Engoron ordered that some of Trump’s business licenses be rescinded as punishment, making it difficult or impossible for them to do business in New York, and said he would continue to have an independent monitor oversee Trump Organization operations.
If not successfully appealed, the order would strip Trump of his authority to make strategic and financial decisions over some of his key properties in the state.
Trump, in a series of statements, railed against the decision, calling it “un-American” and part of an ongoing plot to damage his campaign to return to the White House.
“My Civil rights have been violated, and some Appellate Court, whether federal or state, must reverse this horrible, un-American decision,” he wrote on his Truth Social site. He insisted his company had “done a magnificent job for New York State” and “done business perfectly,” calling it “A very sad Day for the New York State System of Justice!”
Trump’s lawyer, Christopher Kise, said they would appeal, calling the decision “completely disconnected from the facts and governing law.”
Engoron’s ruling, days before the start of a non-jury trial in James’ lawsuit, is the strongest repudiation yet of Trump’s carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse.
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