Trump picks combat over caution in court fight

Lawyer Blog Post 2018/09/21 11:37   Bookmark and Share
White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.

But as Kavanaugh's nomination hung in the balance, Trump couldn't contain his frustration any longer and unleashed a direct Twitter attack on the credibility of Christine Blasey Ford, who says Kavanaugh sexually assaulted her decades ago during a high school party.

Friday's tweet landed with a splat in the noxious brew of gender and politics that has taken over a high-stakes confirmation battle playing out against the backdrop of the #MeToo movement. In keeping with Trump's natural instinct to fight back when under attack, as well as his long pattern of defending powerful men against the claims of women, the president's tweet reflected growing anger over all the focus on Ford's accusation.

Trump initially believed he could support his nominee without wading into the specific allegations against Kavanaugh since they did not involve him. But that began to change as Trump watched ongoing coverage of the accusations, particularly on Air Force One TVs tuned into Fox News on his long flight Thursday from Washington to Las Vegas, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversations.
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Missouri court lets redistricting initiative go to voters

Lawyer Blog Post 2018/09/20 10:40   Bookmark and Share
A Missouri appeals court panel cleared the way Friday for voters to decide a November ballot initiative that could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.

The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.

The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."

Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.

As it stands, the measure would appear on the ballot as Constitutional Amendment 1.

"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.

The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.

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South African court says marijuana use in private is legal

Lawyer Blog Post 2018/09/18 11:46   Bookmark and Share
South Africa's top court says adults can use marijuana in private.

The Constitutional Court on Tuesday upheld a provincial court's ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.

Prince says cannabis should be regulated in the same way as alcohol and tobacco. Government authorities have said cannabis is harmful and should be illegal.

The top court says an adult can cultivate cannabis in "a private place" as long as it is for personal consumption in private. It says the right to privacy "extends beyond the boundaries of a home."

The court says it would be up to a police officer to decide if the amount of marijuana in someone's possession is for dealing or personal consumption.

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Spain rejects extraditing HSBC whistleblower to Switzerland

Attorney News 2018/09/16 11:45   Bookmark and Share
A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide.

The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015.

A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain.

The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain.

Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time.

Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland.

In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.

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Egypt court returns ex-president Mubarak's 2 sons to prison

Headline Legal News 2018/09/15 11:44   Bookmark and Share
Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said.

They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media.

The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions.

The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled.

The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule.

The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices.
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Belgian court rules out extradition for Spanish rapper

Legal Insight 2018/09/15 11:44   Bookmark and Share
A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family.

The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium.

"The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent.

Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition.

"I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English."

The ruling could re-ignite tensions between Belgium and Spain over extradition demands.

Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.
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