Topics in Legal News 2018/09/01 23:38
Officials from the Indian Ocean island nation of Mauritius told United Nations judges Monday that former colonial power Britain strong-armed its leaders half a century ago into giving up territory as a condition of independence, a claim that could have an impact on a strategically important U.S. military base.
Judges at the International Court of Justice began hearing arguments for an advisory opinion the U.N. General Assembly requested on the legality of British sovereignty over the Chagos Islands. The largest island, Diego Garcia, has housed the U.S. base since the 1970s.
"The process of decolonization of Mauritius remains incomplete as a result of the unlawful detachment of an integral part of our territory on the eve of our independence," Mauritius Defense Minister Anerood Jugnauth told judges.
Mauritius argues that the Chagos archipelago was part of its territory since at least the 18th century and taken unlawfully by the U.K. in 1965, three years before the island gained independence. Britain insists it has sovereignty over the archipelago, which it calls the British Indian Ocean Territory.
Jugnauth testified that during independence negotiations, then-British Prime Minister Harold Wilson told Mauritius' leader at the time, Seewoosagur Ramgoolam, that "he and his colleagues could return to Mauritius either with independence or without it and that the best solution for all might be independence and detachment (of the Chagos Islands) by agreement."
Ramgoolam understood Wilson's words "to be in the nature of a threat," Jugnauth said.
British Solicitor General Robert Buckland described the case as essentially a bilateral dispute about sovereignty and urged the court not to issue an advisory opinion.
Legal Interview 2018/08/31 23:38
Judge Brett Kavanaugh's life seems as carefully constructed as the Supreme Court arguments he will hear if he is confirmed to the high court. He checks all the boxes of the ways of Washington, or at least the way Washington used to be.
He's a team player — the conservative team — stepping up to make a play at key moments in politics, government and the law dating to the Bill Clinton era and the salacious dramas of that time.
Yet in a capital and a country where politics has become poisonously tribal, Kavanaugh has tried to cover his bases, as Washington insiders have long done. He's got liberal friends, associates and role models. He was a complicated figure in the scandal-ridden 1990s, by turns zealous and restrained as an investigator.
If he wins confirmation, he'll be seated with Justice Elena Kagan, the Obama-era solicitor general who hired him to teach at Harvard when she was law school dean, as well as with his prep school mate, Justice Neil Gorsuch. Kavanaugh's law clerks have gone on to work for liberal justices. He's served with Justice Ruth Bader Ginsburg in mock trials of characters in Shakespeare plays, a night out from the real-life dramas.
Amateur athlete, doer of Catholic good works, basketball-coaching dad, Yale degrees, progression from lawyer to White House aide to judge — it's all there in a rarefied life of talent and privilege, though strikingly not one of great personal wealth.
The only skeleton in Kavanaugh's closet that the White House has owned up to is as American as apple pie.
Spending on baseball games helped drive him into debt one year, the White House said. He's also been ribbed for hoarding gummy bears when he worked as an aide to President George W. Bush. Because Republicans are not releasing critical documents for the hearings, it remains to be seen if anything else is rattling around.
With some ideological mashup, Kavanaugh's judicial record has been conservative in the main, reflecting views that could swing the court right on abortion, gay rights, executive power and more for decades to come.
Kavanaugh heads into the confirmation hearings, which begin Tuesday before the Senate Judiciary Committee, representing the hopes of President Donald Trump and the right that he will do just that.
Kavanaugh, who's 53, has seen a steady career progression: law clerk for federal appeals judges, fellowship with then-Solicitor General Starr, law clerk for Justice Anthony Kennedy (with Gorsuch), associate counsel in the Starr investigation, law-firm partner, Bush White House associate counsel, White House staff secretary, judge. He first dated Ashley Estes, then Bush's personal secretary, Sept. 10, 2001; they married in 2004 and have two daughters.
Legal Business 2018/08/28 10:20
Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal.
The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified because the necessary information could have been obtained if police had simply asked for it. It also ruled that the search of three BVT employees' homes wasn't warranted, though a fourth was.
The raid, which was part of a probe into alleged misconduct by BVT staff, sparked a political storm earlier this year.
Opposition parties accused the government of attempting to purge political enemies. The Vienna court ruling didn't rule on whether evidence seized in the raid should be destroyed.
Legal Business 2018/08/27 10:21
Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.
It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.
Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.
But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.
Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."
Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.
"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.
Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.
Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context.
Court News 2018/08/25 10:22
Israel's Supreme Court has ruled that five critically ill women from Gaza may enter Israel for urgent medical treatment despite a government decision preventing relatives of Hamas members from doing so.
The five women appealed to the court last month after their requests to enter Israel were rejected on the grounds of their relation to Hamas members.
The government decision denies entry for health care to relatives of Hamas members and is meant to exert pressure Gaza's rulers who currently hold the remains of two Israeli soldiers.
The court ruled late Sunday that the government decision was unreasonable and could not stand up to a legal test.
Four human rights groups representing the women said the government was using them and others seeking care unavailable in Gaza as "bargaining chips."
Headline Legal News 2018/08/25 10:22
North Carolina Republicans have been dealt another setback in their efforts to remove a state Supreme Court candidate's party affiliation from the ballot.
The state Court of Appeals declined Monday to hear the request of GOP legislative leaders to block a lower court's order that candidate Chris Anglin be listed as a Republican on the November ballot.
A trial court judge this month halted enforcement of a new law removing party designations next to the names of Anglin and a few other judicial candidates because they had switched their affiliation too close to filing.
Anglin was a registered Democrat until three weeks before he filed to run. He says the law unfairly targeted him.
The state Supreme Court could still step in, but time is dwindling before ballots must be printed.