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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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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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Longtime Wisconsin Supreme Court Justice Abrahamson dies

Court News 2020/12/19 18:15   Bookmark and Share
Shirley Abrahamson, the longest-serving Wisconsin Supreme Court justice in state history and the first woman to serve on the high court, has died. She was 87.

Abrahamson, who also served as chief justice for a record 19 years, died Saturday after being diagnosed with pancreatic cancer, her son Dan Abrahamson told The Associated Press on Sunday.

Wisconsin Gov. Tony Evers said in a statement that Abrahamson had a “larger-than-life impact” on the state's legal profession and her legacy is defined “not just by being a first, but her life’s work of ensuring she would not be the last, paving and lighting the way for the many women and others who would come after her.”

Long recognized as a top legal scholar nationally and a leader among state judges, Abrahamson wrote more than 450 majority opinions and participated in more than 3,500 written decisions during her more than four decades on Wisconsin’s highest court. She retired in 2019 and moved to California to be closer with her family.

In 1993, then-President Bill Clinton considered putting her on the U.S. Supreme Court, and she was later profiled in the book, “Great American Judges: An Encyclopedia.”

She told the Wisconsin State Journal in 2006 that she enjoyed being on the court.

“It has a mix of sitting, reading and writing and thinking, which I enjoy doing. And it’s quiet. On the other hand, all of the problems I work on are real problems of real people, and it matters to them, and it matters to the state of Wisconsin. So that gives an edge to it, and a stress,” she said.

The New York City native, with the accent to prove it, graduated first in her class from Indiana University Law School in 1956, three years after her marriage to Seymour Abrahamson. The couple moved to Madison and her husband, a world-renowned geneticist, joined the University of Wisconsin-Madison faculty in 1961. He died in 2016.

She earned a law degree from UW-Madison in 1962, then worked as a professor and joined a Madison law firm, hired by the father of future Gov. Jim Doyle.

Appointed to the state's high court by then-Gov. Patrick Lucey in 1976, Abrahamson won reelection four times to 10-year terms, starting in 1979. She broke the record for longest-serving in justice in 2013, her 36th year on the court.
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Georgia high court rejects latest Trump election appeal

Court News 2020/12/12 11:28   Bookmark and Share
President Donald Trump has lost his latest legal challenge seeking to overturn Georgia’s election results, with the state Supreme Court’s rejection late Saturday of a case from Trump’s campaign and Georgia Republican Party Chairman David Shafer.

The suit - similar to other Trump team legal challenges, which made baseless allegations of widespread fraud in Georgia’s presidential election - was initially filed Dec. 4, then rejected by the Fulton County Superior Court because the paperwork was improperly completed and it lacked the appropriate filing fees.

The case was subsequently appealed directly to the state Supreme Court, asking justices to consider the case before Monday’s meeting of the Electoral College. In a brief order, justices wrote that “petitioners have not shown that this is one of those extremely rare cases that would invoke our original jurisdiction.”

It’s the latest legal setback in the president’s efforts to overturn the election results. On Friday  the U.S. Supreme Court rejected a lawsuit backed by Trump seeking to overturn Democrat Joe Biden’s election victory, a move that ended a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court.

Even as lawsuits filed by Trump and his allies have been rejected around the country, the president has continued to make repeated baseless claims of widespread fraud. In Georgia, he has rained criticism on Secretary of State Brad Raffensperger and Gov. Brian Kemp, both fellow Republicans.

Raffensperger has been steadfast in his defense of the integrity of the election in the state, and Kemp has said he has no power to intervene in elections.

Results certified by Raffensperger last month showed that Biden led by a margin of 12,670 votes, or 0.25% of the roughly 5 million ballots cast. An audit involving a hand count of the paper ballots also showed Biden won.

Last week, Raffensberger again recertified the state’s election results after a recount requested by Trump confirmed once again that Biden won the state, and the governor then recertified the state’s 16 presidential electors.

“We have now counted legally cast ballots three times, and the results remain unchanged,” Raffensperger said during a news conference at the state Capitol.
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High court rejects GOP bid to halt Biden’s Pennsylvania win

Court News 2020/12/09 16:41   Bookmark and Share
The Supreme Court on Tuesday rejected Republicans’ last-gasp bid to reverse Pennsylvania’s certification of President-elect Joe Biden’s victory in the electoral battleground.

The court without comment refused to call into question the certification process in Pennsylvania. Democratic Gov. Tom Wolf already has certified Biden’s victory over President Donald Trump and the state’s 20 electors are to meet on Dec. 14 to cast their votes for Biden.

In any case, Biden won 306 electoral votes, so even if Pennsylvania’s results had been in doubt, he still would have more than the 270 electoral votes needed to become president. The court’s decision not to intervene came in a lawsuit led by Republican U.S. Rep. Mike Kelly of northeastern Pennsylvania and GOP congressional candidate and Trump favorite Sean Parnell, who lost to Pittsburgh-area U.S. Rep. Conor Lamb, a Democrat.

“Even Trump appointees & Republicans saw this for what it was: a charade,” Lamb said on Twitter.

In court filings, lawyers for Pennsylvania and Gov. Tom Wolf, a Democrat, had called the lawsuit’s claims “fundamentally frivolous” and its request “one of the most dramatic, disruptive invocations of judicial power in the history of the Republic.”

“No court has ever issued an order nullifying a governor’s certification of presidential election results,” they wrote.

Republican U.S. Sen. Ted Cruz of Texas had offered to argue the case, if the high court took it.

Having lost the request for the court to intervene immediately, Greg Teufel, a lawyer for Kelly and Parnell, said he will file a separate request to ask the court to consider the case on its underlying merits on an expedited basis.

Still, hopes for immediate intervention concerning the Nov. 3 election “substantially dimmed” with the court’s action Tuesday, Teufel said.

“But by no way is this over,” Kelly said on Fox News. Republicans had pleaded with the justices to intervene immediately after the state Supreme Court turned away their case last week.

The Republicans argued that Pennsylvania’s expansive vote-by-mail law is unconstitutional because it required a constitutional amendment to authorize its provisions. Just one Republican state lawmaker voted against its passage last year in Pennsylvania’s Republican-controlled Legislature.

Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016. Most mail-in ballots were submitted by Democrats.

The state’s high court said the plaintiffs waited too long to file the challenge and noted the Republicans’ staggering demand that an entire election be overturned retroactively.

In the underlying lawsuit, Kelly, Parnell and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.
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