Kavanaugh: Watergate tapes decision may have been wrong

Court Watch 2018/07/20 23:23   Bookmark and Share
Supreme Court nominee Brett Kavanaugh suggested several years ago that the unanimous high court ruling in 1974 that forced President Richard Nixon to turn over the Watergate tapes, leading to the end of his presidency, may have been wrongly decided.

Kavanaugh was taking part in a roundtable discussion with other lawyers when he said at three different points that the decision in U.S. v. Nixon, which marked limits on a president's ability to withhold information needed for a criminal prosecution, may have come out the wrong way.

A 1999 magazine article about the roundtable was part of thousands of pages of documents that Kavanaugh has provided to the Senate Judiciary Committee as part of the confirmation process. The committee released the documents on Saturday.

Kavanaugh's belief in robust executive authority already is front and center in his nomination by President Donald Trump to replace the retiring Justice Anthony Kennedy. The issue could assume even greater importance if special counsel Robert Mueller seeks to force Trump to testify in the ongoing investigation into Russian interference in the 2016 election.

"But maybe Nixon was wrongly decided — heresy though it is to say so. Nixon took away the power of the president to control information in the executive branch by holding that the courts had power and jurisdiction to order the president to disclose information in response to a subpoena sought by a subordinate executive branch official. That was a huge step with implications to this day that most people do not appreciate sufficiently...Maybe the tension of the time led to an erroneous decision," Kavanaugh said in a transcript of the discussion that was published in the January-February 1999 issue of the Washington Lawyer.

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Widower wins court battle for estate of 'Thorn Birds' author

Headline Legal News 2018/07/19 23:22   Bookmark and Share
An Australian judge ruled on Friday that best-selling author Colleen McCullough's widower was the sole beneficiary of her estate following a bitter court wrangle.

The author of the novel "The Thorn Birds," which sold 33 million copies worldwide, died on Norfolk Island in 2015 aged 77.

Her husband of 32 years, Ric Robinson, had been battling the executor of the author's estate and close friend, Selwa Anthony, in the New South Wales state Supreme Court over who was entitled to her 2.1 million Australian dollar ($1.5 million) estate.

McCullough wrote a will in 2014 leaving everything to The University of Oklahoma Foundation, of which she was a founding board member. Anthony alleged Robinson took advantage of his wife's ill health to change her will in October 2014, leaving him everything, before her death four months later.

Anthony maintained the foundation was the rightful beneficiary according to the earlier will signed in Sydney, around the time McCullough said she had "kicked Ric out for good" because he had a mistress.

Justice Nigel Rein on Friday found McCullough had intended to bequeath her entire estate to Robinson.

He found the foundation will was later revoked following the couple's reconciliation, when McCullough signed or initialed documents leaving everything to her husband.

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Court employees testify at West Virginia impeachment inquiry

Legal Insight 2018/07/19 23:21   Bookmark and Share
facing a federal criminal indictment move a couch and antique desk out of his home at the justice's request.

Jess Gundy testified Thursday before the House Judiciary Committee, which is investigating whether to recommend impeachment proceedings for Justice Allen Loughry.

Loughry was suspended last month over allegations he repeatedly lied about using his office for personal gain. He also is charged in a 23-count federal criminal indictment with lying to federal investigators, witness tampering, wire fraud and obstruction of justice. The federal charges carry a maximum penalty of 405 years and $5.75 million in fines if he is convicted.

If the House committee recommends impeachment, the House of Delegates would then decide whether a trial would be held before the state Senate.

Gundy testified Loughry asked him to move the couch and desk to a court warehouse last fall because of media scrutiny about the items being at his home.
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Georgia officer charged in fatal shooting to appear in court

Court Watch 2018/07/17 15:07   Bookmark and Share
A Georgia police officer charged with voluntary manslaughter in a fatal shooting is scheduled to appear in court.

A pretrial hearing is scheduled Tuesday morning for Zechariah Presley in Camden County Magistrate Court. Presley worked as a police officer in the small city of Kingsland when he was charged in the June 20 shooting of 33-year-old Tony Green.

The Georgia Bureau of Investigation has said Green was fleeing when Presley shot him following a brief altercation. The bureau said Presley had been following Green's vehicle when Green got out and ran on foot, but it has not said what prompted the pursuit.

Kingsland city officials fired 27-year-old Presley from his police job following his arrest a week after the shooting. The city is located near the Georgia-Florida state line.
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Court says convicted serial rapist should be released

Court News 2018/07/17 15:06   Bookmark and Share
A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment.

Department of Human Services Commissioner Emily Piper said Monday that she will appeal the provisional discharge of Duvall, in a case that once set off a political firestorm as lawmakers were considering changes to the state's treatment program for sex offenders.

"I have grave concerns about this decision," Piper said in a statement. "Three experts have previously testified that Thomas Duvall is not ready for life in the community and that he presents far too great a risk to public safety. I share that view and will exhaust every possible avenue of appeal."

Duvall, 62, has spent the last 30 years locked up for the violent rapes of teenage girls in the 1970s and 1980s. In 1987, he bound a Brooklyn Park girl with an electrical cord and raped her repeatedly over several hours while hitting her with a hammer. He was civilly committed as a psychopathic personality in 1991 and sent to the Minnesota Sex Offender Program.

Duvall has been in treatment since 2001 and was diagnosed as a sexual sadist. He has been in the final stages of the program since 2010, living outside the security perimeter at the facility in St. Peter, going on regular supervised community outings, volunteering at a thrift store, attending community support groups and preparing for transition into the community.
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Demonstrators force Fox crew from Supreme Court broadcast

Topics in Legal News 2018/07/15 15:05   Bookmark and Share
Fox News' Shannon Bream said the network had to move a planned live broadcast indoors after she and her crew felt threatened by demonstrators outside the U.S. Supreme Court on Monday following President Donald Trump's nomination of Brett Kavanaugh.

People shouted obscenities at Bream and her crew, crowded around and touched crew members as they prepared to air Fox's 11 p.m. Eastern hour from the location two hours after the nomination, she said.

"I've been in the middle of many protesters and signs and chanting and we all do our jobs," Bream said Tuesday. "But last night had a different feel to it."

Bream said Fox felt specifically targeted, although she said other reporters had a difficult time with the crowd. Disturbed by the scene, Fox executives made the decision to move to a nearby studio. Bream had been at the court for several hours, doing live reports during several programs.

The incident on an emotional political night exposed Fox News to a threatening atmosphere frequently faced by reporters at other news organizations at Trump rallies. CNN White House correspondent Jim Acosta recently described how an elderly woman swore at him and tried to get him to leave one of Trump's recent rallies.

Bream, who has covered the Supreme Court for 11 years, said that often during demonstrations security separates demonstrators from the press with barricades, but they weren't on duty Monday night. She recalled only one other similar situation, but that happened during daylight hours.
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