Religious clerks in Kentucky follow law, but see conflict

Legal Insight 2015/09/18 17:14   Bookmark and Share
Clerk Mike Johnston prays twice a day, once each morning and once each night, and asks the Lord to understand the decision he made to license same-sex marriage.

“It’s still on my heart,” said Johnston, whose rural Carter County sits just to the east of Rowan County, where clerk Kim Davis sparked a national furor by refusing to issue marriage licenses to gay couples, a decision that landed her in jail.

Johnston is one of Kentucky’s 119 other clerks, many of them deeply religious, who watched the Kim Davis saga unfold on national television while trying to reconcile their own faith and their oath of office. Sixteen of them sent pleading letters to the governor noting their own religious objections. But when forced to make a decision, only two have taken a stand as dramatic as Davis and refused to issue licenses.

And others say they find the controversy now swirling around their job title humiliating.

“I wish (Davis) would just quit, because she’s embarrassing everybody,” said Fayette County Clerk Don Blevins, whose office serves the state’s second-largest city, Lexington.

After the U.S. Supreme Court legalized gay marriage in June, Kentucky Gov. Steve Beshear ordered clerks across the state to issue licenses, launching them along markedly different paths. The clerk in Louisville, Bobbie Holsclaw, issued licenses that very day and the mayor greeted happy couples with bottles of champagne.

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Charleston church suspect's friend charged with lying to FBI

Legal Business 2015/09/16 17:14   Bookmark and Share
A friend of the man accused of gunning down nine parishioners at a Charleston church is charged with lying to federal authorities and concealing information during their investigation, and he was scheduled for his first court appearance Friday.
 
Court documents dated Tuesday and unsealed Friday say that Joey Meek, 21, told an FBI agent that he did not know specifics about Dylann Roof's plan to shoot the churchgoers during Bible study, but the FBI says that was a lie.

Authorities notified Meek last month that he was under investigation. He was arrested Thursday. It wasn't clear whether he had an attorney to contact for comment on the case, but his girlfriend has said he is innocent. Meek was expected to appear in court for arraignment at 11 a.m. Friday.

Meek has said Roof stayed with him in before the shootings. Meek previously told The Associated Press that Roof had drunkenly complained that "blacks were taking over the world" and "someone needed to do something about it for the white race."

Roof faces federal hate crime charges as well as nine counts of murder in state court in the June 17 shootings.

On Aug. 6, Meek received a letter that he was the target of an investigation.

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Appeals court weighs Justice deal to settle Iran charges

Headline Legal News 2015/09/13 18:06   Bookmark and Share
A federal appeals court on Friday considered whether a judge could reject as too lenient a deal to settle criminal charges against a Dutch company accused of illegally selling aircraft parts to Iran, Sudan and Myanmar.

The U.S. Court of Appeals for the District of Columbia heard arguments in a case involving the Justice Department's decision not to prosecute Fokker Services BV under an agreement that called for $21 million in penalties.

A federal judge earlier this year refused to accept the deal, which he called "grossly disproportionate to the gravity of Fokker Services' conduct in a post-9/11 world."

The dispute comes as the Justice Department this week trumpeted its commitment to hold company executives more accountable for corporate fraud. The new guidance follows persistent criticism that the department has not been aggressive enough in prosecuting individuals for financial misconduct, including after the mortgage crisis that led to an economic meltdown.

The Justice Department says the judge is interfering with the discretion of prosecutors, but that argument faced resistance from the three-judge panel hearing the case. All three appellate judges agreed that courts have some authority to decide whether to accept settlements, though they disagreed over the extent of that authority.

"You have a very steep hill to climb," Judge David Sentelle told Justice Department lawyer Aditya Bamzai during arguments that took place on the 14th anniversary of the Sept. 11 terrorist attacks.

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Idaho high court upholds law banning horse racing terminals

Lawyer Blog Post 2015/09/11 18:06   Bookmark and Share
Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.

The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.

In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.

"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.

Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.

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Appeals court upholds convictions in Ohio slavery case

Legal Insight 2015/09/10 18:06   Bookmark and Share
A federal appeals panel has upheld the convictions and sentences of a couple charged with enslaving a mentally disabled woman in their northeast Ohio home for nearly two years through intimidation, threats and abuse.

The three-judge 6th U.S. Circuit Court of Appeals panel in Cincinnati agreed unanimously Tuesday that the federal charges were appropriate and that the prison sentences of at least three decades each were warranted.
A federal jury in Youngstown convicted Jessica Hunt and boyfriend Jordie Callahan last year on counts of forced labor, conspiracy to defraud the U.S. and conspiracy to illegally obtain prescription drugs.

Among other challenges in their appeal, the couple contended that the case should have been a state matter since federal forced labor prosecutions typically involve people brought to the U.S. for domestic servitude or sex trade.

The woman "was compelled to perform domestic labor and run errands for defendants by force, the threat of force, and the threat of abuse of legal process," Judge Eric Clay wrote.

"Because this is a distinct harm that is a matter of federal concern pursuant to the Thirteen Amendment, it matters little that defendants' conduct may have also violated various state laws," Clay wrote, citing the U.S. constitutional amendment that abolished slavery.

The couple was accused of holding the woman captive from early 2011 to late 2012. Prosecutors alleged that they threatened to harm the woman's young daughter if the woman did not do chores, shop and clean up after their pit bull dogs. The couple also used the dogs and a python to threaten the woman into complying, prosecutors said.

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U.S. military chooses rarely-used charge for Bergdahl

Court Watch 2015/09/08 18:07   Bookmark and Share
Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against U.S. Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.

Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was -- as well as misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.

Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he "left without authority; and wrongfully caused search and recovery operations."

Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way. The Pentagon has said there is no evidence anyone died searching for Bergdahl.

"You're able to say that what he did had a particular impact or put particular people at risk. It is less generic than just quitting," said Lawrence Morris, a retired Army colonel who served as the branch's top prosecutor and top public defender.


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