PA high court orders counties not to count disputed ballots in US Senate race

Court News 2024/11/20 15:42   Bookmark and Share
Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.

The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions while election workers are sorting through thousands of provisional ballots.

McCormick’s campaign called it a “massive setback” for Casey.

The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that Republicans say several Democratic-controlled counties nevertheless challenged.

In a statement, Gov. Josh Shapiro, a Democrat, said a lack of legal clarity had surrounded the ballots, putting county officials in a position where they were “damned if they did and damned if they didn’t — likely facing legal action no matter which decision they made on counting.”

It comes amid a gust of fresh litigation in recent days filed by both campaigns, contesting the decisions of about a dozen counties over whether or not to count thousands of provisional ballots.

Casey’s campaign says the provisional ballots shouldn’t be rejected for garden-variety errors, like a polling place worker forgetting to sign it. Republicans say the law is clear that the ballots must be discarded.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands.

Republicans last week asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.
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Court overturns actor Jussie Smollett's 2019 conviction in hate crime hoax case

Court News 2024/11/17 15:44   Bookmark and Share
The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.

Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.

Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.

A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.

His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond. intervene after the Cook County state's attorney initially dropped charges.

The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.

Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.

Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.

RELATED STORY | Sean 'Diddy' Combs lawyers claim seizure of writings from cell is 'outrageous government conduct'

A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.

His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond.

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Arizona high court won’t review Kari Lake’s appeal over 2022 governor’s race defeat

Court News 2024/11/08 08:04   Bookmark and Share
The Arizona Supreme Court has declined to hear Republican Kari Lake’s latest appeal over her defeat in the 2022 governor’s race, marking yet another loss in her attempt to overturn the race’s outcome.

The court made its refusal to take up the former TV anchor’s appeal public on Thursday without explaining its decision.

Lake, now locked in a U.S. Senate race against Democrat Ruben Gallego, had lost the governor’s race to Democrat Katie Hobbs by over 17,000 votes.

The courts had previously rejected Lake’s claims that problems with ballot printers at some Maricopa County polling places on Election Day in 2022 were the result of intentional misconduct and that Maricopa County didn’t verify signatures on mail ballots as required by law. A judge also turned down Lake’s request to examine the ballot envelopes of 1.3 million early voters. In all, Lake had three trials related to the 2022 election.

Despite her earlier losses in court and a ruling affirming Hobbs’ victory, Lake had asked the Arizona Supreme Court to review her case, claiming she had new evidence to support her claims. Lawyers for Maricopa County told the court that Lake failed to present any new evidence that would change the courts’ findings.

Lake is among the most vocal of Republican candidates promoting lies that Donald Trump had won the 2020 election over President Joe Biden, which she made the centerpiece of her campaign for governor. While most other election deniers around the country conceded after losing their races, Lake did not.

The Lake campaign didn’t respond to an email seeking comment on the Supreme Court’s latest decision.
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Sean ‘Diddy’ Combs to stay in jail while appeals court takes up bail fight

Court News 2024/10/14 06:20   Bookmark and Share
A federal appeals court judge has ruled to keep Sean “Diddy” Combs locked up while he makes a third bid for bail in his sex trafficking case, which is slated to go to trial in May.

In a decision filed Friday, Circuit Judge William J. Nardini denied the hip-hop mogul’s immediate release from jail while a three-judge panel weighs his bail request.

Combs’ lawyers appealed to the 2nd U.S. Circuit Court of Appeals on Sept. 30 after two judges rejected his release.

Combs, 54, has been held at a federal jail in Brooklyn since his Sept. 16 arrest on charges that he used his “power and prestige” as a music star to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers in events dubbed “Freak Offs.”

Combs has pleaded not guilty to racketeering conspiracy and sex trafficking charges alleging he coerced and abused women for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.

At a bail hearing three weeks ago, a judge rejected the defense’s $50 million bail proposal that would’ve allowed the “I’ll Be Missing You” singer to be placed under house arrest at his Florida mansion with GPS monitoring and strict limits on visitors.

Judge Andrew L. Carter Jr., who has since recused himself from the case, said that prosecutors had presented “clear and convincing evidence” that Combs is a danger to the community. He said “no condition or set of conditions” could guard against the risk of Combs obstructing the investigation or threatening or harming witnesses.

In their appeal, Combs’ lawyers argued that the judge had “endorsed the government’s exaggerated rhetoric” and ordered Combs detained for “purely speculative reasons.”

“Indeed, hardly a risk of flight, he is a 54-year-old father of seven, a U.S. citizen, an extraordinarily successful artist, businessman, and philanthropist, and one of the most recognizable people on earth,” the lawyers wrote.

Combs’ lawyers have not asked the new trial judge, Arun Subramanian, to consider releasing him on bail. At a hearing Thursday, as Combs sat alongside his lawyers in a beige jail jumpsuit, Subramanian suggested he would at least be open to taking up the issue.

After setting a May 5 trial date, Subramanian briefly questioned Combs’ lawyers about his treatment at the Metropolitan Detention Center, which has been plagued by violence and dysfunction for years.

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Mexican cartel leader’s son convicted of violent role in drug trafficking plot

Court News 2024/09/21 06:41   Bookmark and Share
The son of a Mexican drug cartel leader was convicted Friday of charges that he used violence, including the deadly downing of a military helicopter, to help his father operate one of the country’s largest and most dangerous narcotics trafficking organizations.

Rubén Oseguera, known as “El Menchito,” is the son of fugitive Jalisco New Generation cartel boss Nemesio Oseguera and served as the “CJNG” cartel’s second-in-command before his extradition to the U.S. in February 2020.

A federal jury in Washington, D.C., deliberated for several hours over two days before finding the younger Oseguera guilty of both counts in his indictment: conspiring to distribute cocaine and methamphetamine for U.S. importation and using a firearm in a drug conspiracy.

“El Menchito now joins the growing list of high-ranking Cartel leaders that the Justice Department has convicted in an American courtroom,” Attorney General Merrick Garland said in an emailed statement. “We are grateful to our Mexican law enforcement partners for their extensive cooperation and sacrifice in holding accountable leaders of the Jalisco Cartel.”

The younger Oseguera, who was born in California and holds dual U.S.-Mexican citizenship, is scheduled to be sentenced Jan. 10 by U.S. District Judge Beryl Howell. He faces a maximum sentence of life in prison and a mandatory minimum of 40 years in prison.

Oseguera didn’t have an obvious reaction to the jury’s verdict. One of his lawyers patted him on his shoulder before he was led out of the courtroom.

The U.S. government has offered a reward of up $10 million for information leading to the arrest of the elder Oseguera, whose alias, “El Mencho,” is a play on his first name.

Prosecutors showed jurors a rifle bearing Oseguera’s nicknames, “Menchito” and “JR,” along with the cartel’s acronym. The gun was in his possession when he was arrested.

“JR” also was etched on a belt found at the site where a Mexican military helicopter crashed after cartel members shot the aircraft down with a rocket-propelled grenade in 2015. Prosecutors said the younger Oseguera, now 34, ordered subordinates to shoot down the helicopter in Jalisco, Mexico, so that he and his father could avoid capture. At least nine people on board the helicopter were killed in the attack, according to prosecutors.

Oseguera ordered the killings of at least 100 people and frequently bragged about murders and kidnappings, according to prosecutors. They said he personally shot and killed at least two people, including a rival drug trafficker and a disobedient subordinate.

During the trial’s closing arguments Thursday, Justice Department prosecutor Kaitlin Sahni described Oseguera as “a prince, an heir to an empire.”

“But this wasn’t a fairytale,” she said. “This was the story of the defendant’s drugs, guns and murder, told to you by the people who saw it firsthand.”

Jurors heard testimony from six cooperating witnesses who tied Oseguera to drug trafficking.

Defense attorney Anthony Colombo tried to attack the witnesses’ credibility and motives, calling them “sociopaths” who told self-serving lies about his client.
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Former Rep. George Santos pleads guilty in federal fraud case

Court News 2024/08/20 13:57   Bookmark and Share
George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment.

Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial.

“I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom.

Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution.

Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7.

Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working.

Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit.

The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members.

Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022.

But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography.

New questions then emerged about his campaign funds.

He was first indicted on federal charges in May 2023, but refused to resign from office.

Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.”

Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.”

Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use.

Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year.
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