Republicans condemn 'scheme' to undo election for Trump

Legal Interview 2021/01/05 14:29   Bookmark and Share
The unprecedented Republican effort to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden's  win and keep President Donald Trump in office is undermining Americans’ faith in democracy.

Trump has enlisted support from a dozen Republican senators and up to 100 House Republicans to challenge the Electoral College  vote when Congress convenes in a joint session to confirm President-elect Joe Biden’s  306-232 win.

With Biden set to be inaugurated Jan. 20, Trump is intensifying efforts to prevent the traditional transfer of power, ripping the party apart.

Despite Trump's claims of voter fraud, state officials have insisted the elections ran smoothly and there was no evidence of fraud or other problems that would change the outcome. The states have certified their results as fair and valid. Of the more than 50 lawsuits the president and his allies have filed challenging election results, nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court.

On a call disclosed Sunday, Trump can be heard pressuring Georgia officials  to “find” him more votes.

But some senior lawmakers, including prominent Republicans, are pushing back.

“The 2020 election is over,” said a statement Sunday from a bipartisan group of 10 senators, including Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Mitt Romney of Utah.

The senators wrote that further attempts to cast doubt on the election are “contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results.”

Republican Gov. Larry Hogan of Maryland said, “The scheme by members of Congress to reject the certification of the presidential election makes a mockery of our system and who we are as Americans.”

Former House Speaker Paul Ryan, a Republican, said in a statement that “Biden’s victory is entirely legitimate" and that efforts to sow doubt about the election “strike at the foundation of our republic.”

Rep. Liz Cheney of Wyoming, the third-ranking House Republican, warned in a memo to colleagues that objections to the Electoral College results “set an exceptionally dangerous precedent.”

One of the more outspoken conservatives in Congress, Arkansas Republican Sen. Tom Cotton, said he will not oppose the counting of certified electoral votes on Jan. 6. "I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term?it will only embolden those Democrats who want to erode further our system of constitutional government.”

Cotton said he favors further investigation of any election problems, separate from the counting of the certified Electoral College results.
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Court News 2021/01/01 14:27   Bookmark and Share
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Prosecutors seek 9-year prison term for Samsung chief Lee

Court News 2020/12/30 16:19   Bookmark and Share
South Korean prosecutors on Wednesday requested a nine-year prison term for Samsung’s de facto chief, Lee Jae-yong, during his bribery retrial, where Lee apologized and vowed not to be implicated in similar allegations in an apparent plea for leniency.

The case is a key element in an explosive 2016 scandal that triggered months of public protests and toppled South Korea’s president. A ruling on Lee could send him back to prison on charges that he bribed former President Park Geun-hye and her longtime confidante to get the government’s backing for his push to solidify his control over Samsung.

The retrial comes as Lee faces immense pressure to navigate Samsung’s transition after his father and Samsung Electronics Chairman Lee Kun-Hee died in October.

A team of prosecutors led by independent counsel Park Young-soo demanded the Seoul High Court sentence Lee to prison. They said Samsung “more actively sought unjust benefits” than other businesses with regard to the 2016 scandal. The prosecutors said Samsung, which is South Korea’s biggest company, should “set the example” for efforts to root out corruption.

“Samsung is a business group with overwhelming power, and there is even a saying that South Korean companies are divided into Samsung and non-Samsung ones,” the prosecutors said in closing comments. “The rule of law and the egalitarianism principle ... are meant to punish those in power and those with the economic power in line with the equal standard.”

Prosecutors also asked the court to sentence three former Samsung executives to seven years in prison and another former executive to five years.

Lee, 52, vice chairman of Samsung Electronics, was sentenced in 2017 to five years in prison for offering 8.6 billion won ($7 million) in bribes to Park and her longtime confidante Choi Soon-sil. But he was freed in early 2018 after the Seoul High Court reduced his term to 2½ years and suspended his sentence, overturning key convictions and reducing the amount of his bribes.

Last year, the Supreme Court returned the case to the high court, ruling that the amount of Lee’s bribes had been undervalued. It said the money that Samsung spent to purchase three racehorses used by Choi’s equestrian daughter and fund a winter sports foundation run by Choi’s niece should also be considered bribes.

During Wednesday’s court session, Lee’s lawyers said the basic nature of the 2016 scandal was about ex-President Park’s abuse of power that infringed upon the freedom and property rights of businesses. The lawyers said Lee and the other ex-Samsung executives embroiled in the scandal weren’t able to resist the pressure by Park and Choi and that they and Samsung didn’t receive any special favors from Park’s government.
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China sentences lawyer who reported on outbreak to 4 years

Legal Insight 2020/12/28 13:05   Bookmark and Share
A Chinese court on Monday sentenced a former lawyer who reported on the early stage of the coronavirus outbreak to four years in prison on charges of “picking fights and provoking trouble,” one of her lawyers said.

The Pudong New Area People’s Court in the financial hub of Shanghai gave the sentence to Zhang Zhan following accusations she spread false information, gave interviews to foreign media, disrupted public order and “maliciously manipulated” the outbreak.

Lawyer Zhang Keke confirmed the sentence but said it was “inconvenient” to provide details ? usually an indication that the court has issued a partial gag order. He said the court did not ask Zhang whether she would appeal, nor did she indicate whether she would.

Zhang, 37, traveled to Wuhan in February and posted on various social media platforms about the outbreak that is believed to have emerged in the central Chinese city late last year.

She was arrested in May amid tough nationwide measures aimed at curbing the outbreak and heavy censorship to deflect criticism of the government’s initial response. Zhang reportedly went on a prolonged hunger strike while in detention, prompting authorities to forcibly feed her, and is said to be in poor health.

China has been accused of covering up the initial outbreak and delaying the release of crucial information, allowing the virus to spread and contributing to the pandemic that has sickened more than 80 million people worldwide and killed almost 1.8 million. Beijing vigorously denies the accusations, saying it took swift action that bought time for the rest of the world to prepare.

China’s ruling Communist Party tightly controls the media and seeks to block dissemination of information it hasn’t approved for release. In the early days of the outbreak, authorities reprimanded several Wuhan doctors for “rumor-mongering” after they alerted friends on social media. The best known of the doctors, Li Wenliang, later succumbed to COVID-19.
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Swiss court declines to remove judge from Sun Yang retrial

Court News 2020/12/26 13:05   Bookmark and Share
A legal challenge by Sun Yang against one of the judges who banned the Chinese swimmer for eight years in a now-overturned ruling has not been accepted by a Swiss federal judge.

Switzerland’s supreme court said Monday it deferred to the Court of Arbitration for Sport to decide if Romano Subiotto is eligible to serve on the judging panel at Sun’s retrial.

Subiotto was picked by the World Anti-Doping Agency last year to sit on the panel of three arbitrators that imposed the ban on three-time Olympic champion Sun for violating rules at a sample collection.

The ban was voided last week by the Swiss Federal Tribunal, whose bench of five judges upheld an appeal by Sun’s lawyers that CAS panel chairman Franco Frattini was biased. It did not consider the merits of the evidence.

Frattini, the former foreign minister of Italy, had posted anti-China comments on social media before Sun’s CAS hearing held in November 2019.

Because the first CAS process was quashed, the federal judge ruled she did not have authority over a request for an arbitrator to be recused, the supreme court said.

Subiotto and the other judge at the original hearing, Philippe Sands, a British barrister selected for the hearing by Sun’s legal team, could be picked for the retrial due next year.

However, Sun’s lawyers would likely object to them ? at a CAS panel that assesses such challenges ? because they were already part of a unanimous 3-0 verdict against him.

Sun’s lawyers have consistently objected to lawyers involved in the case.

Subiotto was selected by WADA after its original choice stepped aside during repeated challenges by Sun’s lawyers, and WADA’s American lead prosecutor stayed on the case despite a failed appeal to federal court  that he had an alleged conflict of interest.

The retrial faces a tight schedule and complications during the coronavirus pandemic to be decided before the Tokyo Olympics.

The 29-year-old Sun is the current world champion in the men’s 400-meter freestyle, which is among the first Olympic events scheduled to begin competition on July 24.
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Trump plan to curb drug costs dealt setback in court

Attorney News 2020/12/23 13:06   Bookmark and Share
A late-term maneuver by President Donald Trump to use lower drug prices paid overseas to limit some of Medicare’s own costs suffered a legal setback Wednesday that appears likely to keep the policy from taking effect before the president leaves office.

U.S. District Judge Catherine C. Blake in Baltimore issued a nationwide injunction that prevents the Centers for Medicare and Medicaid Services, or CMS, from carrying out the so-called “most favored nations” rule as scheduled on Jan. 1. The judge wrote in her temporary order that CMS had failed to follow required procedures for notice and comment before imposing such sweeping changes.

The Trump regulation would tie what Medicare pays for certain drugs administered in a doctor’s office to the lowest price paid among a group of economically advanced countries. It would apply to 50 medications that account for the highest spending under Medicare’s “Part B” benefit for outpatient care.

That group includes cancer drugs and other medications delivered by infusion or injection. Trump announced his new policy at the White House before the Thanksgiving holiday, saying, “the drug companies don’t like me too much. But we had to do it.”

A coalition of groups including the Association of Community Cancer Centers and the Pharmaceutical Research and Manufacturers of American quickly sued to block the rule. Some opponents have likened the Trump policy to a form of socialist price controls.

Blake wrote that the plaintiffs had established a reasonable likelihood their arguments accusing the administration of cutting corners in a rush to regulate would carry the day in a trial. Federal law says that government agencies must provide adequate opportunity for affected parties to comment on proposed regulations. The administration had sought to use emergency authority as a work-around.

The case is hardly trivial, the judge said. “This case deals with a regulation that would for the first time implement the use of a price control mechanism not provided for by Congress,” Blake wrote.

The Health and Human Services department said it is reviewing the ruling, and had no immediate comment.

Trump came into office accusing drug companies of “getting away with murder” and promising to slash costs for American patients. But his administration was unable to drive major drug pricing legislation through Congress.

Even if the Trump rule is ultimately blocked, the idea of using international prices to lower costs for Americans is very much alive. It’s at the heart of House Speaker Nancy Pelosi’s legislation to empower Medicare to negotiate drug prices. And President-elect Joe Biden also supports the approach.

Blake was nominated to be a U.S. district judge by former Democratic President Bill Clinton.
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