Court News 2018/10/01 20:46
Brett Kavanaugh's angry denunciation of Senate Democrats at his confirmation hearing could reinforce views of the Supreme Court as a political institution at a time of stark partisan division and when the court already is sharply split between liberals and conservatives.
The Supreme Court nominee called the sexual misconduct allegations against him a "calculated and orchestrated political hit" by Democrats angry that Hillary Clinton lost the 2016 election. Kavanaugh went further than Clarence Thomas, who in 1991 attacked the confirmation process but didn't single out a person or political party, when he confronted allegations that he sexually harassed Anita Hill.
The comments injected a new level of bitter partisanship in an already pitched battle over the future of the Supreme Court and replacing Justice Anthony Kennedy, frequently the decisive and swing vote on the most important issues of the day. Kavanaugh is more conservative than Kennedy and his ascendance to the high court would entrench conservative control of the bench for years.
"No matter what happens ... I think the court is the ultimate loser here. I think Judge Kavanaugh could have made the exact same points without making reference to the Clintons or Democrats, without going down that road," said Josh Blackman, a law professor at the South Texas College of Law in Houston. "It's an optics thing. I don't think he'll vote any differently because of what happened in the past 10 days, but what will change is how people perceive it."
In his pointed remarks, Kavanaugh said he was a victim of character assassination orchestrated by Democrats. "This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups," he said.
Legal Interview 2018/09/29 01:04
Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”
Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.
“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.
The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.
Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”
“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”
But at the same time, he said he was willing to talk with Trump.
Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.
Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.
Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention.
Legal Insight 2018/09/28 10:42
Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands-based U.N. court.
Argentina, Peru, Colombia, Chile, Paraguay and Canada made the announcement on the sidelines of the U.N. General Assembly meeting.
The court has already opened a preliminary investigation into allegations that since April 2017 Venezuelan government forces "frequently used excessive force to disperse and put down demonstrations," and abused some opposition members in detention.
Wednesday's move could broaden the scope of the existing preliminary probe. The countries accuse Venezuela of several crimes including murder, torture and unjust imprisonment.
U.S. Secretary of State Mike Pompeo says his meeting with North Korean Foreign Minister Ri Yong Ho was "very positive."
Pompeo made the comment on Twitter on Wednesday after meeting with Ri at the U.N. General Assembly. The meeting comes as U.S. President Donald Trump and North Korean leader Kim Jong Un work to set up a widely expected second summit to restart stalled diplomacy meant to rid the North of its nuclear weapons.
Pompeo said that "much work remains, but we will continue to move forward."
Kim made denuclearization vows last week in a summit with the South Korean president in Pyongyang, but there's still skepticism over his sincerity to relinquish weapons that many believe are the only major guarantee of his continued authoritarian rule.
Legal Insight 2018/09/26 10:40
The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."
Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.
The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.
The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.
Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.
Constand said she now lives alone with her two dogs and has trouble trusting people.
"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement.
Headline Legal News 2018/09/25 20:38
South Carolina's Supreme Court has suspended the law license of a prosecutor accused of embezzling money seized from drug defendants to pay for personal trips to Europe and the Galapagos Islands.
The court issued that order Monday for 5th Circuit Solicitor Dan Johnson, whose jurisdiction includes Richland and Kershaw counties, along with the state's capital city of Columbia.
Johnson was suspended from office last week following his indictment on more than two dozen federal charges including wire fraud and theft of government funds. His communications director, Nicole Holland, faces the same 26 charges.
State and federal authorities have been investigating the travel and spending habits of Johnson, who logged more than 70 days of travel over a period of less than two years. Trips to locations including Amsterdam, Colombia and the Galapagos Islands were reflected in credit card bills and receipts released by a nonprofit that obtained them through open-records laws.
The money, prosecutors said, was taken from state and federal accounts holding assets forfeited by defendants in illegal drug cases. Johnson recently lost a primary bid for a third term and hasn't responded to messages about charges against him. Previously, he has declined to answer specific questions about his travels but has said he didn't intend for public money to be used for personal expenses.
Court Watch 2018/09/23 15:37
An Egyptian court has sentenced 64 people to varying prison terms and one man to death over violence in 2013 when the military overthrew the elected Islamist president.
The Sunday decision by the Minya Criminal Court included a life sentence for Mohammed Badie, the spiritual guide of the now-outlawed Muslim Brotherhood group, over events in the city of el-Adwa, south of Cairo, where a crowd raided a police station and a sergeant was killed.
The case which ran for over three years included more than 35 hearings, with testimony by the defense and witnesses.
The death sentence, issued to a man named Ahmed Ashour, will now be reviewed by Egypt's top religious authorities for their non-binding opinion. The ruling can still be appealed.