Brazil's top court: Lula can be jailed for upheld conviction

Court News 2018/04/05 21:33   Bookmark and Share
A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.

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Democrats Claim Victory In Wisconsin's Supreme Court Race

Legal Insight 2018/04/05 21:33   Bookmark and Share
In Wisconsin Tuesday, Milwaukee County Judge Rebecca Dallet won a seat on the state Supreme Court, riding a wave of Democratic enthusiasm to victory in this (officially) nonpartisan election.

The race drew national attention, mostly from big-name Democrats from around the country who saw it as an opportunity build momentum before the general election in November.

Dallet won the seat over her opponent, Judge Michael Screnock from Sauk County, Wisc., a former conservative-activist turned lawyer.

"I think my message resonated with Wisconsinites," Dallet told supporters in Milwaukee Tuesday night. "People are tired of special interests ruling and wanted to speak up."

With the win, she will replace outgoing conservative Justice Michael Gableman, bringing the court's 5-2 conservative majority down to 4-3.

While the state's Supreme Court seats are non-partisan, candidates have long found ways to send hints about their political leanings, but this year's race was overtly partisan.

Dallet's first TV ad featured grainy black and white footage of President Donald Trump, warning voters that their values were under attack.

Her endorsements came from former U.S. Attorney General Eric Holder, former Vice President Joe Biden and New Jersey Sen. Cory Booker.

Holder's National Democratic Redistricting Committee ran ads on Dallet's behalf, and he campaigned for her last month during stops in Wisconsin. In a statement Tuesday night, Holder said, "Today, the voters of Wisconsin took a critical first step toward a state government that better reflects their needs and interests."

Screnock, meanwhile, argued Dallet's overtures to Democrats showed she would be an "activist" on the court, but Screnock himself received $300,000 from the Republican Party of Wisconsin, the most a political party has ever spent on a Supreme Court candidate in the state's history.
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