Appeals court orders dismissal of Michael Flynn prosecution

Headline Legal News 2020/06/25 12:25   Bookmark and Share
A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.

The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s move to abandon the case against Flynn settles the matter, even though Flynn pleaded guilty as part of special counsel Robert Mueller’s Russia investigation to lying to the FBI.

The ruling, a significant win for both Flynn and the Justice Department, appears to cut short what could have been a protracted legal fight over the basis for the government’s dismissal of the case. It came as Democrats question whether the Justice Department has become too politicized and Attorney General William Barr too quick to side with the president, particularly as he vocally criticizes, and even undoes, some of the results of the Russia investigation.

The House Judiciary Committee held a hearing Wednesday centered on another unusual move by Barr to overrule his own prosecutors and ask for less prison time for another Trump associate, Roger Stone. Barr has accepted an invitation to testify before the panel on July 28, a spokeswoman said Wednesday, and he will almost certainly be pressed about the Flynn case.

Trump tweeted just moments after the ruling became public: “Great! Appeals Court Upholds Justice Departments Request to Drop Criminal Case Against General Michael Flynn.”

Later, at the White House, Trump told reporters he was happy for Flynn.

“He was treated horribly by a group of very bad people,” Trump said. “What happened to Gen. Flynn should never happen in our country.”

Flynn called into conservative commentator Rush Limbaugh’s radio show and said the ruling was a good development for him and his family. But he also called it “great boost of confidence for the American people in our justice system because that’s what this really comes down to ? is whether or not our justice system is going to have the confidence of the American people.”

U.S. District Judge Emmet Sullivan had declined to immediately dismiss the case, seeking instead to evaluate on his own the department’s request. He appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury. He had set a July 16 hearing to formally hear the request to dismiss the case.
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Irish trucker in court over deaths of 39 people in container

Legal Business 2020/06/24 12:26   Bookmark and Share
An Irish truck driver appeared in an English court Wednesday, accused of the manslaughter of 39 people who were found dead in a container in southeastern England in an apparent people-smuggling tragedy.

Ronan Hughes, 40, appeared by at Southend Magistrates Court, east of London, by video link from a police station, after being extradited from Ireland.

The Vietnamese nationals were found Oct. 23 in an industrial park in the English town of Grays inside a refrigerated container that had arrived by ferry from Belgium.

The victims came from impoverished villages in Vietnam and are believed to have paid people smugglers to take them on risky journeys to better lives abroad.

The truck’s driver, Maurice Robinson, 25, admitted 39 counts of manslaughter in April. He had previously pleaded guilty to conspiracy to assist unlawful immigration.

Hughes wasn't asked to enter a plea and was ordered detained until a plea hearing at London's Central Criminal Court on July 22.
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What Supreme Court? Trump's HHS pushes LGBT health rollback

Court News 2020/06/20 10:19   Bookmark and Share
The Trump administration Friday moved forward with a rule that rolls back health care protections for transgender people, even as the Supreme Court barred sex discrimination against LGBT individuals on the job.

The rule from the Department of Health and Human Services was published in the Federal Register, the official record of the executive branch, with an effective date of Aug. 18. That will set off a barrage of lawsuits from gay rights and women's groups. It also signals to religious and social conservatives in President Donald Trump's political base that the administration remains committed to their causes as the president pursues his reelection.

The Trump administration rule would overturn Obama-era sex discrimination protections for transgender people in health care.

Strikingly similar to the underlying issues in the job discrimination case before the Supreme Court, the Trump health care rule rests on the idea that sex is determined by biology. The Obama version relied on a broader understanding shaped by a person's inner sense of being male, female, neither, or a combination.

Writing for the majority in this week's 6-3 decision, Justice Neil Gorsuch said, "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.
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Court rejects Trump bid to end young immigrants’ protections

Court Watch 2020/06/17 10:20   Bookmark and Share
The Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, the second stunning election-season rebuke from the court in a week after its ruling that it’s illegal to fire people because they’re gay or transgender.

Immigrants who are part of the 8-year-old Deferred Action for Childhood Arrivals Program will retain their protection from deportation and their authorization to work in the United States ? safe almost certainly at least through the November election, immigration experts said.

The 5-4 outcome, in which Chief Justice John Roberts and the four liberal justices were in the majority, seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.

The justices said the administration did not take the proper steps to end DACA, rejecting arguments that the program is illegal and that courts have no role to play in reviewing the decision to end it. The program covers people who have been in the United States since they were children and are in the country illegally. In some cases, they have no memory of any home other than the U.S.
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Tennessee Supreme Court delays second execution due to pandemic

Headline Legal News 2020/06/14 09:46   Bookmark and Share
The Tennessee Supreme Court on Friday issued a stay of execution for a second death row inmate because of the coronavirus pandemic. Byron Black's execution was scheduled for Oct. 8, but the court moved it to April 8, 2021.

Attorneys for the 64-year-old Black had said the pandemic made it impossible to have a hearing on whether Black is competent to be executed. They also wrote that the health crisis is interfering with his ability to prepare for a clemency request.

The court also extended until January Black's deadline for a petition alleging incompetence. The previous deadline was next month. "The stay will help protect guards, witnesses, attorneys representing the prisoners, attorneys for the State, and everyone else involved in these cases," said Kelley Henry, supervisory assistant federal public defender.

Henry said Black has mental defects and medical issues. "For the court to evaluate Mr. Black's competency, it would need to hear from mental health experts who are out of state and can't travel to Tennessee to examine Mr. Black in the prison at this time," Henry said. "The stay in Mr. Black's case was absolutely necessary."

Tennessee's attorney general opposed Black's motion to delay his execution. Attorney General Herbert Slatery wrote in Supreme Court filings that attorneys for Black and another inmate who sought a stay, Harold Nichols, were speculating about future public health conditions in their delay requests.

Black was convicted by a Nashville court of murdering his girlfriend Angela Clay and her daughters Latoya, 9, and Lakesha, 6, at their home in 1988. Prosecutors said he shot the three during a jealous rage. Black was on work release at the time for shooting and wounding Clay's estranged husband.
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Wolf asks Pennsylvania Supreme Court to uphold shutdown

Legal Business 2020/06/12 09:46   Bookmark and Share
Democratic Gov. Tom Wolf asked the Pennsylvania Supreme Court on Friday to intervene in his dispute with legislative Republicans who have voted to end pandemic restrictions he imposed in March to slow the spread of the new coronavirus.

Republican majorities in the House and Senate, with a few Democrats in support, voted this week to end the state’s emergency disaster declaration that Wolf has used to shut down “non-life-sustaining” businesses, ban large gatherings and order people to stay at home.

Wolf asked the state’s high court to uphold the shutdown. He said that his gradual reopening plan is working, pointing to a downward trend in the number of new virus infections in Pennsylvania even as cases rise in nearly half the states.

“Pennsylvania’s measured, phased process to reopen is successful because of its cautious approach that includes factors relying on science, the advice of health experts and that asks everyone to do something as simple as wearing a mask when inside or around others outside the home,” Wolf said in a news release. “We will continue to move forward cautiously.”

Wolf has been easing restrictions in vast swaths of the state, including on Friday when he announced that another eight counties would be moving to the least restrictive “green” phase of his reopening plan. But gyms, barber shops, theaters and similar businesses in the state’s highly populated southeast corner remain closed, and many types of businesses statewide must abide by occupancy limits.

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