What to know about arguments over Donald Trump's immunity claims
Attorney News | 2024/01/11 17:33
Appeals court judges signaled Tuesday that they will likely reject Donald Trump’s claims that he is immune from prosecution in his election interference case. The outcome seemed clear during arguments that touched on a range of political and legal considerations.

The Republican presidential primary front-runner made his first trip in months to Washington’s federal courthouse, where his lawyers sought to convince an appeals court to dismiss the case charging him with plotting to overturn the results of the 2020 election. The defense’s argument was met with outright skepticism by the three-judge panel of the U.S. District Court of Appeals for the D.C. Circuit.

The judges did not say when they might rule, but the timing of their decision is crucial with a March 4 trial date looming. Trump’s lawyers, who are hoping to delay the case beyond the November presidential election, are certain to go to the U.S. Supreme Court if the D.C. court sides with special counsel Jack Smith.

Most issues in criminal cases can’t be appealed until after a trial verdict, though there are certain circumstances when a defendant can appeal immediately. Smith’s team has not challenged the appeals court’s ability to hear the immunity issue ahead of trial. But a watchdog group called American Oversight filed a friend-of-the-court brief arguing that the appeals court should dismiss Trump’s challenge because Supreme Court precedent shows that it lacks jurisdiction to consider the issue now. If the appeals court agrees that it lacks jurisdiction, it would send the case back to the trial court before even deciding the immunity issue.

Trump’s attorney, D. John Sauer, told the judges that presidential immunity is clearly an issue meant to be resolved before trial. He argued that legal precedent supports the idea that the appeals court is right to consider the immunity claim at this time.


NRA chief Wayne LaPierre announces resignation ahead of trial
Legal Business | 2024/01/07 07:02
The longtime head of the National Rifle Association said Friday he is resigning, just days before the start of a civil trial over allegations he treated himself to millions of dollars in private jet flights, yacht trips, African safaris and other extravagant perks at the powerful gun rights organization’s expense.

Wayne LaPierre, the executive vice president and chief executive officer, said his departure is effective Jan. 31. The trial is scheduled to start Monday in New York Attorney General Letitia James’ lawsuit against him, the NRA and two others who’ve served as executives. LaPierre was in court this week for jury selection and is expected to testify at the trial. The NRA said it will continue to fight the lawsuit, which could result in a further shakeup of its leadership and the appointment of an independent monitor to oversee its finances.

“With pride in all that we have accomplished, I am announcing my resignation from the NRA,” LaPierre said in a statement released by the organization, which said he was exiting for health reasons. “I’ve been a card-carrying member of this organization for most of my adult life, and I will never stop supporting the NRA and its fight to defend Second Amendment freedom. My passion for our cause burns as deeply as ever.”

James, a Democrat, heralded LaPierre’s resignation as an “important victory in our case” and confirmed the trial will go on as scheduled. His exit “validates our claims against him, but it will not insulate him or the NRA from accountability,” James said in a statement.

Andrew Arulanandam, a top NRA lieutenant who has served as LaPierre’s spokesperson, will assume his roles on an interim basis, the organization said.

LaPierre, 74, has led the NRA ’s day-to-day operations since 1991, acting as the face and vehement voice of its gun-rights agenda and becoming one of the most influential figures in shaping U.S. gun policy. He once warned of “jack-booted government thugs” seizing guns, brought in movie star Charlton Heston to serve as the organization’s president, and condemned gun control advocates as “opportunists” who “exploit tragedy for gain.”

In one example of the NRA’s evolution under LaPierre, after the Columbine High School shooting in Littleton, Colorado, in 1998, the NRA signaled support for expanded background checks for gun purchases. But after a gunman killed 26 people at Sandy Hook Elementary School in Newtown, Connecticut, in 2012, LaPierre repudiated background checks and called for armed guards in every school. He blamed video games, lawmakers and the media for the carnage, remarking: “The only thing that stops a bad guy with a gun is a good guy with a gun.”

“The post-Sandy Hook apocalyptic speech was kind of the talismanic moment when, for him and the NRA, there was no going back,” Robert Spitzer, a political science professor at the State University of New York-Cortland and author of several books on gun politics.

The NRA remains a strong political force, with Republican presidential hopefuls flocking to its annual convention last year. In recent years, though, the organization has been beset by financial troubles, dwindling membership, and infighting among its 76-member board along with lingering questions about LaPierre’s leadership and spending.

After reporting a $36 million deficit in 2018, fueled mostly by misspending, the NRA cut back on longstanding programs that had for decades been core to its mission, including training and education, recreational shooting and law enforcement initiatives. In 2021, the organization filed for bankruptcy and sought to incorporate in Texas instead of New York, where it was founded as a nonprofit charity in 1871 — but a judge rejected the move, saying it was a transparent attempt to duck James’ lawsuit.


Taiwan’s presidential candidates emphasize peace in relations with Beijing
Court News | 2024/01/01 23:39
Taiwan’s presidential candidates expressed desire for peaceful relations with Beijing, which has described Jan. 13 elections on the self-ruled island as a choice between war and peace and stepped up harassment of the territory that China claims as its own.

William Lai, the front-runner and currently Taiwan’s vice president from the ruling Democratic People’s Party, said in a televised debate Saturday that he was open to communicating with the government in Beijing, which has refused to talk to him or President Tsai Ing-wen.

Beijing favors the candidate from the more China-friendly Nationalist, or Kuomintang, Party, and has accused Lai and Tsai of being “separatists” who are trying to provoke a Chinese attack on Taiwan.

Taiwan split from China amid civil war in 1949, but Beijing continues to regard the island of 23 million with its high-tech economy as Chinese territory and has been steadily increasing its threat to achieve that goal by military force if necessary.

Tensions with China have featured strongly in the presidential campaign.

China has also stepped up military pressure on the island by sending military jets and ships near it almost daily. Taiwan’s Defense Ministry this month also reported Chinese balloons, which could be used for spying, flying in its vicinity.

Differences over Taiwan are a major flashpoint in U.S.-China relations. U.S. relations with the island are governed by the 1979 Taiwan Relations Act, which makes it American policy to ensure Taiwan has the resources to defend itself and to prevent any unilateral change of status by Beijing.

Hou Yu-ih, the Kuomintang candidate, also said he sought peaceful relations with Beijing.

The Kuomintang previously endorsed unification with China but has shifted its stance in recent years as Taiwan’s electorate is increasingly identifying as Taiwanese -– as opposed to Chinese -– and wants to maintain the status quo in relations with Beijing.



Michigan Supreme Court will keep Trump on the state's primary election ballot
Legal Topics | 2023/12/27 17:37
Michigan’s Supreme Court is keeping former President Donald Trump on the state’s primary election ballot.

The court said Wednesday it will not hear an appeal of a lower court’s ruling from groups seeking to keep Trump from appearing on the ballot.

It said in an order that the application by parties to appeal a Dec. 14 Michigan appeals court judgment was considered, but denied “because we are not persuaded that the questions presented should be reviewed by this court.”

The ruling contrasts with Dec. 19 decision by a divided Colorado Supreme Court which found Trump ineligible to be president because of his role in the Jan. 6, 2021, attack on the U.S. Capitol. That ruling was the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.

The Michigan and Colorado cases are among dozens hoping to keep Trump’s name off state ballots. They all point to the so-called insurrection clause that prevents anyone from holding office who “engaged in insurrection or rebellion” against the Constitution. Until the Colorado ruling, all had failed.

The Colorado ruling is likely to be appealed to the U.S. Supreme Court, which has never ruled on the rarely used Civil War-era provision.

The plaintiffs in Michigan can technically try again to disqualify Trump under Section 3 of the 14th Amendment in the general election, though it's likely there will be a U.S. Supreme Court ruling on the issue by then. The state's high court on Wednesday upheld an appeals court ruling that the Republican Party could place anyone it wants on the primary ballot. But the court was silent on whether Section 3 of the 14th Amendment would disqualify Trump in November if he becomes the GOP nominee.

“We are disappointed by the Michigan Supreme Court’s decision,” said Ron Fein, legal director of Free Speech for People, the liberal group that filed the suit to disqualify Trump in the state. “The ruling conflicts with longstanding US Supreme Court precedent that makes clear that when political parties use the election machinery of the state to select, via the primary process, their candidates for the general election, they must comply with all constitutional requirements in that process.”

rump hailed the order, calling the effort to keep him off the ballot in multiple states a “pathetic gambit."

Only one of the court's seven justices dissented. Justice Elizabeth M. Welch, a Democrat, wrote that she would have kept Trump on the primary ballot but the court should rule on the merits of the Section 3 challenge. The court has a 4-3 Democratic majority.


Wisconsin Supreme Court orders new legislative maps in redistricting case
Legal Business | 2023/12/24 20:38
The liberal-controlled Wisconsin Supreme Court overturned Republican-drawn legislative maps on Friday and ordered that new district boundary lines be drawn as Democrats had urged in a redistricting case they hope will weaken GOP majorities.

The ruling comes less than a year before the 2024 election in a battleground state where four of the six past presidential elections have been decided by fewer than 23,000 votes, and Republicans have built large majorities in the Legislature under maps they drew over a decade ago.

The court ruled 4-3 in favor of Democrats who argued that the legislative maps are unconstitutional because districts drawn aren’t contiguous. New maps are likely to be unveiled in about two months.

“Because the current state legislative districts contain separate, detached territory and therefore violate the constitution’s contiguity requirements, we enjoin the Wisconsin Elections Commission from using the current legislative maps in future elections,” Justice Jill Karofksy wrote for the majority.

Democratic Gov. Tony Evers hailed the ruling, saying he looked forward to submitting proposed maps for the court to review.

“And I remain as optimistic as ever that, at long last, the gerrymandered maps Wisconsinites have endured for years might soon be history,” he said.

Dan Lenz, an attorney for Law Forward, which brought the lawsuit, called the ruling “a victory for a representative democracy in the state of Wisconsin.”

“For too long, rightwing interests have rigged the rules without any consequences,” he said in a statement. “Gerrymandered maps have distorted the political landscape, stifling the voice of the voters. It challenges the very essence of fair representation and erodes confidence in our political system.”

Republican Assembly Speaker Robin Vos called it “a sad day for our state” and suggested it would be appealed, saying the U.S. Supreme Court would have the final say.

The Wisconsin Supreme Court said it will proceed with adopting remedial maps in time for the 2024 election unless the Republican-controlled Legislature can pass maps that Evers will sign. Evers vetoed the current maps.

The court appointed two consultants who already had a hand in reshaping districts in other states.




Google to pay $700 million to US states, consumers in app store settlement
Legal Business | 2023/12/19 05:32
Google has agreed to pay $700 million and make several other concessions to settle allegations that it had been stifling competition against its Android app store — the same issue that went to trial in another case that could result in even bigger changes.

Although Google struck the deal with state attorneys general in September, the settlement’s terms weren’t revealed until late Monday in documents filed in San Francisco federal court. The disclosure came a week after a federal court jury rebuked Google for deploying anticompetitive tactics in its Play Store for Android apps.

The settlement with the states includes $630 million to compensate U.S. consumers funneled into a payment processing system that state attorneys general alleged drove up the prices for digital transactions within apps downloaded from the Play Store. That store caters to the Android software that powers most of the world’s smartphones.

Like Apple does in its iPhone app store, Google collects commissions ranging from 15% to 30% on in-app purchases — fees that state attorneys general contended drove prices higher than they would have been had there been an open market for payment processing. Those commissions generated billions of dollars in profit annually for Google, according to evidence presented in the recent trial focused on its Play Store.

Eligible consumers will receive at least $2, according to the settlement, and may get additional payments based on their spending on the Play store between Aug. 16, 2016 and Sept. 30, 2023. The estimated 102 million U.S. consumers who made in-app purchases during that time frame are supposed to be automatically notified about various options for how they can receive their cut of the money.

Another $70 million of the pre-trial settlement will cover the penalties and other costs that Google is being forced to pay to the states.

Although Google is forking over a sizeable sum, it’s a fraction of the $10.5 billion in damages that the attorneys general estimated the company could be forced to pay if they had taken the case to trial instead of settling.

Google also agreed to make other changes designed to make it even easier for consumers to download and install Android apps from other outlets besides its Play Store for the next five years. It will refrain from issuing as many security warnings, or “scare screens,” when alternative choices are being used.

The makers of Android apps will also gain more flexibility to offer alternative payment choices to consumers instead of having transactions automatically processed through the Play Store and its commission system. Apps will also be able to promote lower prices available to consumers who choose an alternate to the Play Store’s payment processing.


Brazil's Senate approves Lula ally as new Supreme Court justice
Legal Topics | 2023/12/14 16:29
Brazil’s Senate approved the appointment of Justice Minister Flávio Dino on Wednesday to take a seat on the country’s Supreme Court.

Dino, a former leftist state governor who cracked down on supporters of former President Jair Bolsonaro after they rampaged through government buildings last January, was approved for the court of 11 justics on a vote of 47-31.

The vote, which came after a full day of speeches by senators in a divisive hearing, underscored that the opposition led by the rightist Bolsonaro is not strong enough to block the agenda of his leftist successor, President Luiz Inácio Lula da Silva. Dino will replace former Chief Justice Rosa Maria Weber, who stepped down in September after turning 75, the age limit for the nation’s Supreme Court justices.

Dino, who was a federal judge for 12 years before starting his political career, governed Brazil’s northeastern state of Maranhao in 2015-2023. His decisions to impose curfews and movement restrictions during the pandemic made him an antagonist of Bolsonaro, who argued against strict measures against COVID-19.

“He is one of the few Brazilians who has had jobs in the executive, the legislative and the judiciary,” Sen. Weverton Rocha said before the vote. “He clearly suits the supreme court well. He knows how to behave in every role he has had.”

Sen. Magno Malta, an evangelical leader and staunch Bolsonaro supporter, voted against the appointment over Dino’s past in the country’s communist party and as a former member of the Brazilian Socialist Party.

Dino is the second Supreme Court justice appointed by Lula, who is in his third term as president, who also was in the top post in 2003-2010. Cristiano Zanin, once Lula’s lawyer, was approved to join the court in July on a 58-18 vote in the Senate.

Feminist activists have criticized Lula for not naming a woman to replace Weber on the high court. Its only female member now is Justice Carmen Lúcia.

Senators also approved Paulo Gonet as Brazil’s prosecutor-general on a 65-11 vote. He will replace Bolsonaro-appointee Augusto Aras.


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