Tuesday, November 6, 2018
Heated congressional, court races on Arkansas midterm ballot
A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.
The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.
Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.
Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions
Supreme Court cites security in change to Kavanaugh ceremony
The Supreme Court says new Justice Brett Kavanaugh won't take the traditional walk down the courthouse steps after his ceremonial installation on the court because of security concerns.
Kavanaugh's investiture ceremony is scheduled for Thursday morning in the courtroom. It is customary for a new justice to walk down the 44 marble steps in front of the building, accompanied by the chief justice. The moment provides a chance for news organizations to photograph the justice, since the courtroom event is closed to cameras.
Court spokeswoman Kathy Arberg said Friday that the change is being made "out of an abundance of caution due to security concerns." Kavanaugh was confirmed Oct. 6 by a 50-48 Senate vote following an allegation he sexually assaulted a woman decades ago. He denied any wrongdoing.
Bahrain opposition leader sentenced to life by high court
A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges.
The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure.
The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy.
The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges.
Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials.
The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence.
Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests
Saturday, August 11, 2018
Trump closes in on Supreme Court pick; 3 judges top list
President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy.
Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly.
Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix.
With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort.
Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned.
The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.
Friday, August 10, 2018
Drivers challenge license suspensions for unpaid court debt
It can start with a couple of traffic tickets. Unable to pay the tickets right away, a driver becomes saddled with late fees, fines and court costs. Soon, the driver may be taken off the road indefinitely.
More than 40 states allow the suspension of driver’s licenses for people with unpaid criminal or traffic court debt.
But now, advocates across the country are pushing to change that, arguing that such laws are unconstitutional because they unfairly punish poor people and violate due process by not giving drivers notice or an opportunity to show they cannot afford to pay the fees.
Lawsuits have been filed in at least five states over the past two years.
“It’s not that I don’t want to take care of what I owe. I really wish I could,” said Brianna Morgan, a single mother from Petersburg, Virginia, who hasn’t had a license in three years because she owes more than $400 in traffic fines and court costs from traffic violations and a disorderly conduct citation.
“I really don’t have a way to pay it,” said Morgan, who supports herself and her three children on a monthly disability check.
Advocates had a victory this week in Tennessee, where a federal judge ruled that a law that allows the state to revoke the licenses of low-income people with unpaid court debt from past criminal convictions is unconstitutional.
U.S. District Judge Aleta Trauger called the law “powerfully counterproductive” and ordered Tennessee to stop revoking licenses and to reinstate the licenses of people who had theirs revoked due solely to nonpayment of court fees.
“If a person has no resources to pay a debt, he cannot be threatened or cajoled into paying it; he may, however, become able to pay it in the future. But taking his driver’s license away sabotages that prospect,” Trauger wrote in her ruling Monday.
In Virginia, nearly a million people currently have suspended driver’s licenses at least in part because of unpaid court debt, according to the Legal Aid Justice Center, a nonprofit that is challenging the practice in a federal lawsuit. A judge dismissed the case on jurisdictional grounds, but in a ruling in May, the 4th U.S. Circuit Court of Appeals gave the case new life, sending it back to the lower court to allow the plaintiffs to revise the lawsuit.
Millions of drivers nationwide have lost licenses because of such laws. In a study released in September, the justice center estimated that 4.2 million people then had suspended or revoked licenses for unpaid court debt in five states alone: Virginia, Tennessee, Michigan, North Carolina and Texas.
The Latest: Trump promises 'great' pick for Supreme Court
President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy
The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here."
Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House.
On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.
The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees.
White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed.
Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates.
Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them.
He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.
Monday, July 9, 2018
Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes
The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes.
Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm.
Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money.
On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans.
Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.
Lawyers: 2014 arrest at Vegas hotel precursor to killings
Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.
Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.
Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.
Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.
Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light
Wisconsin court to rule on conservative professor's firing
The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.
John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.
Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.
The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.
Wednesday, June 20, 2018
Supreme Court allows Ohio, other state voter purges
The Supreme Court ruled Monday that states can clean up their voting rolls by targeting people who haven't cast ballots in a while.
The justices rejected, by a 5-4 vote Monday, arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters' inactivity to trigger a process that could lead to their removal from the voting rolls.
Justice Samuel Alito said for the court that Ohio is complying with the 1993 National Voter Registration Act. He was joined by his four conservative colleagues. The four liberal justices dissented.
Partisan fights over ballot access are being fought across the country. Democrats have accused Republicans of trying to suppress votes from minorities and poorer people who tend to vote for Democrats. Republicans have argued that they are trying to promote ballot integrity and prevent voter fraud.
Under Ohio rules, registered voters who fail to vote in a two-year period are targeted for eventual removal from registration rolls, even if they haven't moved and remain eligible. The state said it only uses the disputed process after first comparing its voter lists with a U.S. postal service list of people who have reported a change of address. But not everyone who moves notifies the post office, the state said.
So the state asks people who haven't voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters.
"Combined with the two years of nonvoting before notice is sent, that makes a total of six years of nonvoting before removal," Alito wrote.
Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls "by reason of the person's failure to vote. In my view, Ohio's program does just that."
In a separate dissent, Justice Sonia Sotomayor said Congress enacted the voter registration law "against the backdrop of substantial efforts by states to disenfranchise low-income and minority voters." The court's decision essentially endorses "the very purging that Congress expressly sought to protect against," Sotomayor wrote.
Woman accused of dismembering roommate appears in court
A San Francisco woman looked composed and lucid as she made her first court appearance on Friday on a murder charge accusing her of killing and dismembering her roommate, whose body parts prosecutors say were discovered in plastic bags at their home.
Lisa Gonzales, 47, was in an orange jail suit with her hands cuffed behind her back during the brief appearance with her attorney. She answered a question from the judge, but she did not enter a plea. Her arraignment was continued until June 14.
Police arrested Gonzales on Saturday after her 61-year-old roommate was reported missing. Police discovered the victim's severed arms and legs in a maggot-filled storage container, according to prosecutors.
Gonzales told police that her roommate refused to move out, and the two of them argued on May 15, a San Francisco prosecutor said in a court filing. She told investigators she thinks she "flipped," but she didn't have a "real recollection" of what happened, Adam Maldonado said in the filing.
Outside court, Gonzales' public defender, Alex Lilien, said his client was a hardworking, single mother and had taken the victim, Maggie Mamer, in after Mamer said she had been evicted by unscrupulous landlords. He said he didn't have details about his client's mental health.
"She's charged with murder, and she's being portrayed as a monster in the media — and that's distressing," he said. "She's concerned about her family."
Mamer had lost her home and "fallen on hard times" when Gonzales in August 2017 offered her a room, Maldonado said in the court filing. They agreed on $400 a month as rent. But after items around the home began to get misplaced or broken, Gonzales told Mamer in April to move out in 30 days or face eviction, the prosecutor said.
Lilien said Friday that Gonzales did not know Mamer well when she let her move in, and that Mamer had a history of not paying rent.
Supreme Court allows Ohio, other state voter purges
The Supreme Court ruled Monday that states can clean up their voting rolls by targeting people who haven't cast ballots in a while.
The justices rejected, by a 5-4 vote Monday, arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters' inactivity to trigger a process that could lead to their removal from the voting rolls.
Justice Samuel Alito said for the court that Ohio is complying with the 1993 National Voter Registration Act. He was joined by his four conservative colleagues. The four liberal justices dissented.
Partisan fights over ballot access are being fought across the country. Democrats have accused Republicans of trying to suppress votes from minorities and poorer people who tend to vote for Democrats. Republicans have argued that they are trying to promote ballot integrity and prevent voter fraud.
Under Ohio rules, registered voters who fail to vote in a two-year period are targeted for eventual removal from registration rolls, even if they haven't moved and remain eligible. The state said it only uses the disputed process after first comparing its voter lists with a U.S. postal service list of people who have reported a change of address. But not everyone who moves notifies the post office, the state said.
So the state asks people who haven't voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters.
"Combined with the two years of nonvoting before notice is sent, that makes a total of six years of nonvoting before removal," Alito wrote.
Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls "by reason of the person's failure to vote. In my view, Ohio's program does just that."
In a separate dissent, Justice Sonia Sotomayor said Congress enacted the voter registration law "against the backdrop of substantial efforts by states to disenfranchise low-income and minority voters." The court's decision essentially endorses "the very purging that Congress expressly sought to protect against," Sotomayor wrote.
Tuesday, May 8, 2018
Australian cardinal back in court on sex abuse charges
Australian Cardinal George Pell, the most senior Vatican official to be charged in the Catholic Church sex abuse crisis, arrived Wednesday for an appearance in a Melbourne court where he will eventually stand trial on sexual abuse charges spanning decades.
Magistrate Belinda Wallington on Tuesday ordered Australia’s highest-ranking Catholic to appear at Victoria state County Court after ruling that prosecutors’ case was strong enough to warrant a trial by jury.
Pell is expected to face a brief preliminary hearing in which a trial date could be set.
Wallington dismissed about half the charges that had been heard in a four-week preliminary hearing. The details of the allegations and the number of charges have not been made public.
Lawyers for Pell, who is Pope Francis’ finance minister, have been fighting the allegations since before he was charged last June with sexual abuse against multiple people in Victoria from the time he was a priest in his hometown of Ballarat in the 1970s until the 1990s, when he was archbishop of Melbourne.
When Wallington asked Pell on Tuesday how he pleaded, the cardinal said in a firm voice, “Not guilty.” Wallington gave the 76-year-old permission not to stand, as is customary.
When the magistrate left the room at the end of the hearing, many people in the packed public gallery broke into applause.
Vatican spokesman Greg Burke issued a statement saying: “The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell. Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.”
Pell’s plea marked the only words he spoke in public during the hearing. Wearing a cleric’s collar, white shirt and dark suit, he was silent as he entered and left the downtown courthouse with his lawyer, Robert Richter. More than 40 police officers maintained order on the crowded sidewalk outside.
Law firm hired to investigate economic development agency
The Oregon Department of Justice has hired a law firm to investigate allegations of discrimination and mismanagement at the state's economic development agency, Business Oregon.
The Oregonian/OregonLive reports that in an anonymous letter to Gov. Kate Brown earlier this month, a group of employees described hostile working conditions and accused leadership of gender bias and misusing taxpayer funds. The letter asked the governor to undertake an investigation and said the employees had retained Portland labor attorney Dana Sullivan "to help ensure employment rights are protected as a result of this complaint."
The Justice Department will be supervising the probe. Its agreement with the Portland office of Perkins Coie provides for a maximum cost of $50,000. The budget could go quickly, as the firm's partners command $525 to $630 an hour, and paralegals and associates bill out at $150 to $445 an hour.
The agreement specifically directs Perkins Coie to undertake "an attorney-client privileged investigation," meaning the Justice Department or Business Oregon could try to exempt the findings from disclosure under public records law. It also says the law firm could be called on to provide legal advice to the DOJ, the governor's office or the "benefitting agency" - Business Oregon.
The Justice department did not respond to questions about the agreement, whether it would make the findings public or whether that decision would be made by Business Oregon.
The Latest: Louisiana oil pipeline's impact debated in court
A court hearing over whether construction of a crude oil pipeline in an environmentally fragile Louisiana swamp will continue focused on whether enough would be done to make up for environmental impacts from the project.
An attorney for Bayou Bridge Pipeline LLC told a federal appeals court panel in Houston Monday that it'll be providing "appropriate compensation" by re-establishing forested wetlands elsewhere in the swamp.
A lawyer for environmental groups suing to stop the construction say the project's considerable impacts haven't been taken into full consideration by federal regulators. He asked the panel to not permanently throw out a previous order that had stopped construction.
At least one judge seemed to downplay concerns by environmental groups that the project is "destroying wetlands." A ruling was expected at a later date.
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