High court won't hear appeal over Walker campaign probe

Headline Legal News 2015/05/18 12:08   Bookmark and Share
The Supreme Court won't hear an appeal from a conservative group seeking to end an investigation into possible illegal coordination between Wisconsin Gov. Scott Walker's 2012 recall campaign and independent groups.

The justices on Monday let stand an appeals court ruling that said Wisconsin Club for Growth and its director, Eric O'Keefe, must resolve their claims in state courts.

No one has been charged as a result of the investigation which has sought documents and testimony about possible violation of state campaign finance laws.

The investigation is on hold while a separate legal challenge is pending before the Wisconsin Supreme Court.

The club and O'Keefe argued that the investigation was a violation of their First Amendment rights and an attempt to criminalize political speech.
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Attorney: Court orders release of anti-nuclear activists

Court News 2015/05/16 12:08   Bookmark and Share
A federal appeals court has ordered the immediate release of an 85-year-old nun and two fellow Catholic peace activists who vandalized a uranium storage bunker, their attorney said Friday.
 
The order came after the 6th U.S. Circuit Court of Appeals in Cincinnati last week overturned the 2013 sabotage convictions of Sister Megan Rice, 66-year-old Michael Walli and 59-year-old Greg Boertje-Obed and ordered resentencing on their remaining conviction for injuring government property. The activists have spent two years in prison, and the court said they likely already have served more time than they will receive for the lesser charge.

On Thursday, their attorneys petitioned the court for an emergency release, saying that resentencing would take weeks if normal court procedures were followed. Prosecutors on Friday afternoon responded that they would not oppose the release, if certain conditions were met.

After the close of business on Friday, attorney Bill Quigley said the court had ordered the activists' immediate release. He said he was working to get them out of prison and was hopeful they could be released overnight or on the weekend.

"We would expect the Bureau of Prisons to follow the order of the court and release them as soon as possible," he said.

Rice, Walli and Boertje-Obed are part of a loose network of activists opposed to the spread of nuclear weapons. To further their cause, in July 2012, they cut through several fences to reach the most secure area of the Y-12 complex. Before they were arrested, they spent two hours outside a bunker that stores much of the nation's bomb-grade uranium, hanging banners, praying and spray-painting slogans.

In the aftermath of the breach, federal officials implemented sweeping security changes, including a new defense security chief to oversee all of the National Nuclear Security Administration's sites.

Rice was originally sentenced to nearly three years and Walli and Boertje-Obed were each sentenced to just over five years. In overturning the sabotage conviction, the Appeals Court ruled that the trio's actions did not injure national security.
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Pandora loses to BMI in court hearing, vows to appeal

Court Watch 2015/05/15 12:08   Bookmark and Share
Pandora Media Inc. lost a court hearing Thursday in a dispute with music publishing rights group BMI over royalty rates, but the Internet streaming leader said it will appeal.

Pandora said it's confident it can win later since the appeals court — the 2nd U.S. Circuit Court of Appeals in New York — last week ruled in its favor in a case against the other major publishing group known as ASCAP.

Thursday's ruling would force Pandora to pay 2.5 percent of its revenue to songwriters and music publishers, up from 1.75 percent. Last week's appeals court ruling allowed Pandora's 1.85 percent rate to ASCAP to stay intact.

If the appeal fails, Pandora says its costs could rise by 0.8 percent of revenue, which would have amounted to about $1.7 million last quarter.

BMI called the ruling a victory for the more than 650,000 songwriters, composers and publishers it represents.
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Appeals court skeptical of fairness of trader's conviction

Legal Business 2015/05/14 12:08   Bookmark and Share
An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.

Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.

The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.
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Duke Energy will be in federal court for coal ash crimes

Attorney News 2015/05/13 12:09   Bookmark and Share
As the nation's largest electricity company prepares to plead guilty to violating the federal Clean Water Act, Duke Energy has started delivering bottled water to people with tainted wells close to its North Carolina coal ash pits.

Duke has long denied its 32 dumps in the state have contaminated the drinking water of its neighbors, suggesting any worrying chemicals found in the wells is likely naturally occurring.

But recent state-mandated tests found that more than 150 residential wells tested near Duke's dumps have failed to meet state groundwater standards, and residents have been advised not to use their water for drinking or cooking.

Many of the results showed troublesome levels of toxic heavy metals like vanadium and hexavalent chromium — both of which can be contained in coal ash. And some of the residents have retained lawyers.

Duke spokeswoman Erin Culbert told The Associated Press that any homeowner who gets a state letter warning of a tainted well will get safe bottled water from Duke, if they request it.

While denying responsibly for the problem, Culbert said Duke simply wants to provide the homeowners "peace of mind."

Duke is scheduled to plead guilty Thursday to nine environmental crimes as part of a negotiated settlement with federal prosecutors requiring it to pay $102 million in fines and restitution. The proposed settlement over years of illegal pollution leaking from ash dumps at five of Duke's plants has been sealed, so it wasn't clear before the hearing whether people with contaminated well water will benefit.
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Court report raises conflict-of-interest concern in Ferguson

Court News 2015/05/13 12:09   Bookmark and Share
The lines separating government powers have been blurred among Ferguson's court staff, police and prosecutor, raising concerns about potential conflicts of interest, according to a report released Monday by Missouri's judiciary.

The state report examining Ferguson's municipal court system comes as a follow-up to a highly critical U.S. Justice Department report released earlier this year, which asserted that the city's police and courts had been used as a revenue-generating machine.

The Justice Department review was prompted by the fatal shooting last August of 18-year-old Michael Brown, who was black, by a white Ferguson police officer.After the federal review, the Missouri Supreme Court in March appointed appeals Judge Roy Richter to take over the Ferguson court and asked court administration experts to take a look at how things were working.

The new report summarizes the observations and recommendations of those unnamed experts, noting several potential conflicts of interest that caused concern.

Until very recently, the report said, court staff were required to report to the police chief. That structure "potentially compromises the separation our government is to have" between the judicial and executive branches, the report said.
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