Ken Paxton petitions to stop Dallas woman from getting an abortion

Attorney News 2024/02/20 10:35   Bookmark and Share
A judge on Friday rejected Texas Attorney General Ken Paxton ’s attempts to throw out felony securities fraud charges that have shadowed the Republican for nearly a decade.

The decision by state District Judge Andrea Beall, an elected Democrat, keeps Paxton on track for an April 15 trial on charges that he duped investors in a tech startup.

If convicted, Paxton faces up to 99 years in prison. Paxton, who has pleaded not guilty, appeared in the Houston courtroom for the hearing, sitting at the defense table with his attorneys.

“He’s ready for trial … This thing has been pending for eight years. (The special prosecutors) want to dance. Put on your shoes. It’s time to go. Let’s dance,” Dan Cogdell, one of Paxton’s attorneys, told reporters after Friday’s court hearing.

Brian Wice, one of the special prosecutors handling the case, said it was important that Paxton’s case go to trial because “no one is above the law. And that includes Ken Paxton. And that’s why this case matters.”

During Friday’s hearing, the other special prosecutor in the case, Kent Schaffer, announced he was withdrawing ahead of the trial.

After the hearing, Wice said the two prosecutors parted ways after disagreeing over Schaffer’s push to avoid a trial and instead settle the case through pre-trial intervention.

Wice said Schaffer had recently reached out to Cogdell with the offer for pretrial intervention, which is like probation and would ultimately lead to the dismissal of charges if a defendant stays out of legal trouble.

Wice said he doesn’t believe pretrial intervention would have been appropriate because there would be no admission of guilt and no jail time.

“And without an acknowledgment of guilt, to me, that was worse than a slap on the wrist. That was, gee, let’s get you a cocktail, a hot meal, and breath mint. And that wasn’t going to happen on my watch,” Wice said.

Cogdell said Schaffer had reached out to him about the proposal and he would have been happy to resolve the case without a trial and a dismissal of the charges.
top

Attorney Jenna Ellis pleads guilty in Georgia election interference case

Court Watch 2024/02/15 16:19   Bookmark and Share
Attorney and prominent conservative media figure Jenna Ellis pleaded guilty Tuesday to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia, tearfully telling the judge she looks back on that time with “deep remorse.”

Ellis, the fourth defendant in the case to enter into a plea deal with prosecutors, was a vocal part of Trump’s reelection campaign in the last presidential cycle and was charged alongside the Republican former president and 17 others with violating the state’s anti-racketeering law.

Ellis pleaded guilty to one felony count of aiding and abetting false statements and writings. She had been facing charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO, and soliciting the violation of oath by a public officer, both felonies.

She rose to speak after pleading guilty, fighting back tears as she said she would not have represented Trump after the 2020 election if she knew then what she knows now, claiming that she relied on lawyers with much more experience than her and failed to verify the things they told her.

“What I did not do but should have done, Your Honor, was to make sure that the facts the other lawyers alleged to be true were in fact true,” the 38-year-old Ellis said.

The guilty plea from Ellis comes just days after two other defendants, fellow attorneys Sidney Powell and Kenneth Chesebro, entered guilty pleas. That means three high-profile people responsible for pushing baseless legal challenges to Democrat Joe Biden’s 2020 election victory have agreed to accept responsibility for their roles rather than take their chances before a jury. A lower-profile defendant pleaded guilty last month.

Responding to a reporter’s shouted question in the hallway of a New York City courthouse, where a civil case accusing him of inflating the value of his assets is being held, Trump said he didn’t know anything about Ellis’ plea deal but called it “too bad” and said he wasn’t worried by it.

“Don’t know anything, we’re totally innocent of everything, that’s political persecution is all it is,” he said.

Steve Sadow, Trump’s lead attorney in the Georgia case, used Ellis’ plea to cast doubt on the legitimacy of the racketeering charges Fulton County District Attorney Fani Willis brought against all 19 defendants.
top

Trump arrives in federal court in Florida for classified docs case

Court News 2024/02/13 16:40   Bookmark and Share
Former President Donald Trump arrived Monday morning at a federal courthouse in Florida for a closed hearing in his criminal case charging him with mishandling classified documents.

The hearing was scheduled to discuss the procedures for the handling of classified evidence in the case, which is currently set for trial on May 20. Trump faces dozens of felony counts accusing him of hoarding highly classified records at his Mar-a-Lago estate and obstructing FBI efforts to get them back.

U.S. District Judge Aileen Cannon expects to hear arguments in the morning from defense lawyers and in the afternoon from prosecutors, each outside of the other’s presence.

“Defense counsel shall be prepared to discuss their defense theories of the case, in detail, and how any classified information might be relevant or helpful to the defense,” Cannon wrote in scheduling the hearing.

Trump’s motorcade arrived at the courthouse in Fort Pierce shortly after 9 a.m.

The hearing is one of several voluntary court appearances that Trump has made in recent weeks — he was present, for instance, at appeals court arguments last month in Washington — as he looks to demonstrate to supporters that he intends to fight the four criminal prosecutions he faces while also seeking to reclaim the White House this November.
top

Why Trump's bid for president is in the hands of the Supreme Court

Legal Business 2024/02/08 10:27   Bookmark and Share
The fate of former President Donald Trump’s attempt to return to the White House is in the hands of the U.S. Supreme Court.

On Thursday, the justices will hear arguments in Trump’s appeal of a Colorado Supreme Court ruling that he is not eligible to run again for president because he violated a provision in the 14th Amendment preventing those who “engaged in insurrection” from holding office.

Many legal observers expect the nation’s highest court will reverse the Colorado ruling rather than remove the leading contender for the Republican presidential nomination from the ballot. But it’s always tricky to try to predict a Supreme Court ruling, and the case against Trump has already broken new legal ground.

“No Person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two thirds of each House, remove such disability.”

Trump’s lawyers say this part of the Constitution wasn’t meant to apply to the president. Notice how it specifically mentions electors, senators and representatives, but not the presidency.

It also says those who take an oath to “support” the United States, but the presidential oath doesn’t use that word. Instead, the Constitution requires presidents to say they will “preserve, protect and defend” the Constitution. And finally, Section 3 talks about any other “officer” of the United States, but Trump’s lawyers argue that language is meant to apply to presidential appointees, not the president.

That was enough to convince the Colorado district court judge who initially heard the case. She found that Trump had engaged in insurrection, but also agreed that it wasn’t clear that Section 3 applied to the president. That part of her decision was reversed by the Colorado Supreme Court.

The majority of the state’s highest court wrote: “President Trump asks us to hold that Section 3 disqualifies every oath-breaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land.”

Trump’s lawyers contend that the question of who is covered by a rarely used, once obscure clause should be decided by Congress, not unelected judges. They contend that the Jan. 6, 2021, attack on the U.S. Capitol wasn’t an insurrection. They say the attack wasn’t widespread, didn’t involve large amounts of firearms or include other markers of sedition. They say Trump didn’t “engage” in anything that day other than in exercising his protected free speech rights.

Others who have been skeptical of applying Section 3 to Trump have made an argument that the dissenting Colorado Supreme Court justices also found persuasive: The way the court went about finding that Trump violated Section 3 violated the former president’s due process rights. They contend he was entitled to a structured legal process rather than a court in Colorado trying to figure out if the Constitution applied to him.

That gets at the unprecedented nature of the cases. Section 3 has rarely been used after an 1872 congressional amnesty excluded most former Confederates from it. The U.S. Supreme Court has never heard such a case.
top

Samsung chief is acquitted of financial crimes related to 2015 merger

Legal Business 2024/02/05 12:54   Bookmark and Share
A South Korean court on Monday acquitted Samsung Electronics Chairman Lee Jae-yong of financial crimes involving a contentious merger between Samsung affiliates in 2015 that tightened his grip over South Korea’s biggest company.

The ruling by the Seoul Central District Court could ease the legal troubles surrounding the Samsung heir less than two years after he was pardoned of a separate conviction of bribery in a corruption scandal that helped topple a previous South Korean government.

The court said the prosecution failed to sufficiently prove the merger between Samsung C&T and Cheil Industries was unlawfully conducted with an aim to strengthen Lee’s control over Samsung Electronics.

The ruling was criticized by activists, progressive politicians and commentators, who questioned how Lee could be innocent of all charges when he had previously been convicted in the separate case of bribing a former president while seeking government support for the merger. The People’s Solidarity for Participatory Democracy, South Korea’s biggest civic group, said the court failed to display “even a minimal level of social justice” by putting Lee’s interests before those of shareholders and pensioners, whose retirement funds were possibly reduced by the deal, which was endorsed by the National Pension Service.

It described the ruling as a setback for years of efforts to reform the management culture of South Korea’s family-owned conglomerates and their cozy ties with the government. South Korean corporate leaders often receive relatively lenient punishments for corruption, business irregularities and other crimes, with judges often citing concerns over the country’s economy.

Prosecutors had sought a five-year jail term for Lee, who was accused of stock price manipulation and accounting fraud. It wasn’t immediately clear whether they would appeal. Lee denied wrongdoing in the current case, describing the 2015 merger as “normal business activity.”

Lee, 55, did not answer questions from reporters as he left the court. You Jin Kim, Lee’s lawyer, praised the ruling, saying it confirmed that the merger was legal.

Lee, a third-generation corporate heir who was officially appointed chairman of Samsung Electronics in October 2022, has led the Samsung group of companies since 2014, when his late father, former chairman Lee Kun-hee, suffered a heart attack.

Lee Jae-yong served 18 months in prison after being convicted in 2017 over separate bribery charges related to the 2015 deal. He was originally sentenced to five years in prison for offering 8.6 billion won ($6.4 million) worth of bribes to then-President Park Geun-hye and her close confidante to win government support for the 2015 merger, which was key to strengthening his control over the Samsung business empire and solidifying the father-to-son leadership succession.

Park and her confidante were also convicted in the scandal, and enraged South Koreans staged massive protests for months demanding an end to shady ties between business and politics. The demonstrations eventually led to Park’s ouster from office.

Lee was released on parole in 2021 and pardoned by South Korean President Yoon Suk Yeol in August 2022, in moves that extended a history of leniency toward major white-collar crime in South Korea and preferential treatment for convicted tycoons.

Some shareholders had opposed the 2015 merger, saying it unfairly benefited the Lee family while hurting minority shareholders.
top

UN court rejects most of Ukraine’s terror financing case against Russia

Legal Insight 2024/02/02 10:54   Bookmark and Share
The United Nations’ top court on Wednesday rejected large parts of a case filed by Ukraine alleging that Russia bankrolled separatist rebels in the country’s east a decade ago and has discriminated against Crimea’s multiethnic community since its annexation of the peninsula.

The International Court of Justice ruled Moscow violated articles of two treaties — one on terrorism financing and another on eradicating racial discrimination — but it rejected far more of Kyiv’s claims under the treaties.

It rejected Ukraine’s request for Moscow to pay reparations for attacks in eastern Ukraine blamed on pro-Russia Ukrainian rebels, including the July 17, 2014, downing of Malaysia Airlines Flight 17 that killed all 298 passengers and crew.

Russia has denied any involvement in the downing of the jetliner. A Dutch domestic court convicted two Russians and a pro-Moscow Ukrainian in November 2022 for their roles in the attack and sentenced them in their absence to life imprisonment. The Netherlands and Ukraine also have sued Russia at the European Court of Human Rights over MH17.

In another rebuke for Moscow, the world court ruled that Russia had violated one of the court’s orders by launching its full-scale invasion in Ukraine nearly two years ago.

The leader of Ukraine’s legal team, Anton Korynevych, called the ruling “a really important day because this is a judgment which says that the Russian Federation violated international law, in particular both conventions under which we made our application.”

The legally binding final ruling was the first of two expected decisions from the International Court of Justice linked to the decade-long conflict between Russia and Ukraine that exploded into all-out war almost two years ago.

At hearings last year, a lawyer for Ukraine, David Zionts, said the pro-Russia forces in eastern Ukraine “attacked civilians as part of a campaign of intimidation and terror. Russian money and weapons fueled this campaign.”
top

◀ PREV : [1] : [2] : [3] : [4] : [5] : .. [449] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design