Court denies dismissal of 8 WikiLeaks charges

Court News 2012/06/08 00:00   Bookmark and Share
A military judge is refusing to dismiss eight of the 22 counts against an Army private charged in a massive leak of government secrets.

Col. Denise Lind made the ruling Friday during a pretrial hearing for Pfc. Bradley Manning at Fort Meade, Md.

She rejected defense arguments that the government used unconstitutionally vague language in charging Manning with unauthorized possession and disclosure of classified information.

Lind is considering another defense motion seeking dismissal of two counts alleging Manning exceeded his authority to access a Defense Department computer system.

She said Manning's trial, currently set for September, will likely start in November or January due to procedural issues.

Manning is charged with aiding the enemy and other offenses on accusations he caused thousands of classified documents to be published on the WikiLeaks website.
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NY court limits disclosure in old communist probe

Court Watch 2012/06/07 00:00   Bookmark and Share
New York's top court on Tuesday ordered the release of more names and records to a writer whose parents were targeted by anti-communist investigators in the New York City school system 57 years ago.

The Court of Appeals, however, is still excluding informants who were promised confidentiality. The seven judges unanimously said history may at some point overtake those promises and more completely peel back the veil of secrecy from that chapter in America's Red Scare.

"The story of the Anti-Communist Investigations, like any other that is a significant part of our past, should be told as fully and as accurately as possible, and historians are better equipped to do so when they can work from uncensored records," Judge Robert Smith wrote. "Perhaps there will be a time when the promise made ... is so ancient that its enforcement would be pointless, but that time is not yet."

Lisa Harbatkin's parents were among more than 1,100 teachers investigated from the 1930s to the 1960s. She has seen interview transcripts with names and personal information blacked out and is seeking complete documents under New York's Freedom of Information Law.

City officials opposed complete disclosure for privacy reasons, offering redacted documents unless those in question or their legal heirs agreed to disclosure. As an alternative, they offered Harbatkin complete accounts if she agreed not to publish the names, a condition she rejected.


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Kan. gov. signs measure blocking Islamic law

Headline Legal News 2012/05/27 15:09   Bookmark and Share
Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.

The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.

"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."

But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law."
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Report: LAPD seeks Manson family member recordings

Court Watch 2012/05/26 15:10   Bookmark and Share
Police want to review audio recordings of conversations between a Manson family member and his attorney as detectives search for information about unsolved killings.

Los Angeles detectives seeking the material are merely practicing due diligence after receiving a tip that the recordings and other items in the estate of now-deceased lawyer Bill Boyd, who once represented Charles "Tex" Watson, were becoming available, LAPD spokesman Andrew Smith said.

"This whole thing has gotten totally blown out of proportion," Smith said, commenting on a report that first appeared on KNBC-TV.

Homicide detective Dan Jenks and Lt. Yana Horvatich, who made the request, have no specific information on what might be in the recordings, but they want to examine them, Smith said.

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Wash. lawyers challenge secret court proceedings

Court News 2012/05/25 15:10   Bookmark and Share
A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.

That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?

The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice.

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Court orders woman to stay away from Jeff Goldblum

Court Watch 2012/05/25 15:10   Bookmark and Share
A judge on Friday granted Jeff Goldblum a temporary restraining order against a woman who has been repeatedly ordered to stay away from the actor in recent years.

Goldblum's attorneys obtained the order against Linda Ransom, 49, after she repeatedly went to the actor's home three times this month. A previous stay-away order against Ransom from 2007 has expired and police claim she has told them that she will not stop trying to meet Goldblum unless a restraining order is in place.

The filings state Ransom has been arrested three times for violating previous restraining orders. Goldblum first alerted authorities to her in 2001 after she attended one of his acting classes and then started waiting outside his home.

"Over the past decade, I have experienced substantial emotional distress due to Ms. Ransom's continuous stalking, harassing, and threatening behavior," Goldblum wrote in a sworn court declaration.

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