Headline Legal News 2025/02/13 20:14
Steve Bannon pleaded guilty on Tuesday to defrauding donors to a private effort to build a wall on the U.S. southern border, ending a case the conservative strategist decried as a “political persecution.”
Spared from jail as part of a plea deal, he left court saying he “felt like a million bucks.”
Bannon, a longtime ally of President Donald Trump, pleaded guilty in state court in Manhattan to one count of scheme to defraud, a low-level felony. The case involved We Build the Wall, a non-profit that Bannon himself once suspected was a scam.
Bannon, 71, must stay out of trouble for three years to avoid additional punishment, including possible jail time. He also can’t raise money or serve as an officer or director for charities in New York and can’t use, sell, or possess any data gathered from border wall donors. Bannon had been scheduled to go to trial March 4.
His lawyer, Arthur Aidala, said Bannon wanted to “put up a fight,” but opted to plead guilty after weighing how a jury in heavily Democratic Manhattan might judge him. Under the deal, prosecutors agreed to drop money laundering and conspiracy charges against him.
Bannon’s plea deal came just days after U.S. Attorney General Pam Bondi ordered the Justice Department to investigate what Trump called the “ weaponization of prosecutorial power.”
Outside court, Bannon urged Bondi to immediately open criminal investigations into Manhattan District Attorney Alvin Bragg, whose office prosecuted him, and New York Attorney General Letitia James, who sued Trump over his business practices and is leading legal challenges to his administration’s policies. Both are Democrats.
Bragg “can call a grand jury at any time” and “set up criminal charges on the most bogus efforts,” Bannon said. He called James the “queen of lawfare” and warned that Trump and his allies “ought to be worried about this out-of-control city.”
Bragg and James’ office didn’t immediately respond to Bannon’s comments.
Bragg took up the case and charged Bannon with state offenses after Trump cut a federal prosecution short with a pardon in the final hours of his first term in 2021. Presidential pardons apply only to federal crimes, not state offenses.
Bannon was charged with falsely promising donors, including some in New York, that all money given to We Build the Wall would go toward erecting a wall along the U.S.-Mexico border. Instead, prosecutors alleged the money was used to enrich Bannon and others involved in the project.
The campaign, launched in 2018 after Trump fired Bannon as his chief strategist, quickly raised over $20 million and privately built a few miles of fencing along the border. It soon ran into trouble with the International Boundary and Water Commission, came under federal investigation and drew criticism from Trump, the Republican whose policy the charity was founded to support.

Headline Legal News 2024/12/04 12:01
Hearing a high-profile culture-war clash, a majority of the Supreme Court seemed reluctant Wednesday to block Tennessee’s ban on gender-affirming care for minors.
The justices’ decision, not expected for several months, could affect similar laws enacted by another 25 states and a range of other efforts to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use.
The case is coming before a conservative-dominated court after a presidential election in which Donald Trump and his allies promised to roll back protections for transgender people.
In arguments that passed the two-hour mark Wednesday, five conservative justices voiced varying degrees of skepticism of arguments made by the Biden administration and lawyers for Tennessee families challenging the ban.
Chief Justice John Roberts, who voted in the majority in a 2020 case in favor of transgender rights, questioned whether judges, rather than lawmakers, should be weighing in on a question of regulating medical procedures, an area usually left to the states.
”The Constitution leaves that question to the people’s representatives, rather than to nine people, none of whom is a doctor,” Roberts said in an exchange with ACLU lawyer Chase Strangio.
The court’s three liberal justices seem firmly on the side of the challengers. But it’s not clear that any of the court’s six conservatives will go along. Justice Neil Gorsuch, who wrote the majority opinion in 2020, has yet to say anything.
Four years ago, the court ruled in favor of Aimee Stephens, who was fired by a Michigan funeral home after she informed its owner that she was a transgender woman. The court held that transgender people, as well as gay and lesbian people, are protected by a landmark federal civil rights law that prohibits sex discrimination in the workplace.
The Biden administration and the families and health care providers who challenged the Tennessee law are urging the justices to apply the same sort of analysis that the majority, made up of liberal and conservative justices, embraced in the case four years ago when it found that “sex plays an unmistakable role” in employers’ decisions to punish transgender people for traits and behavior they otherwise tolerate.
The issue in the Tennessee case is whether the law violates the equal protection clause of the 14th Amendment, which requires the government to treat similarly situated people the same.
Tennessee’s law bans puberty blockers and hormone treatments for transgender minors, but not “across the board,” lawyers for the families wrote in their Supreme Court brief. The lead lawyer, Chase Strangio of the American Civil Liberties Union, is the first openly transgender person to argue in front of the justices.

Headline Legal News 2024/11/23 15:41
Louisiana’s plan to make all of the state’s public school classrooms post the Ten Commandments next year remains on hold under an order Wednesday by a federal appeals court in New Orleans.
The 5th U.S. Circuit Court of Appeals rejected a state request to temporarily stay an earlier order by U.S. District Judge John deGravelles in Baton Rouge while litigation continues. Arguments before a 5th Circuit panel are scheduled for Jan. 23, meaning the judge’s order stays in effect well past the law’s Jan. 1 deadline to post the commandments.
The state contends that deGravelles’ order affects only the five school districts that are defendants in a legal challenge. But it’s unclear whether or how the law would be enforced in the state’s 67 other districts while the appeal progresses. Also, deGravelles ordered that all schools in every district be notified of his decision that the law is unconstitutional, a requirement maintained by Wednesday’s ruling.
“We’re pleased that the Court of Appeals left the district court’s injunction fully intact,” said Sam Grover, an attorney with the Freedom From Religion Foundation. “As the district court ruled, this law is unconstitutional on its face.”
State Attorney General Liz Murrill said in an emailed statement that her office would “continue to defend this clearly constitutional law.”
DeGravelles ruled that the law, passed by the GOP-dominated Legislature, was “overtly religious” and “unconstitutional on its face.” He also said it amounted to unconstitutional religious government coercion of students, who are legally required to attend school.
Republican Gov. Jeff Landry signed the bill into law in June, prompting a group of Louisiana public school parents of different faiths to sue. They argue the law violates the First Amendment’s provisions forbidding the government from establishing a religion or blocking the free exercise of it. They also say the proposed poster-sized display would isolate students, especially those who are not Christian. The parents further argue that the version of the Ten Commandments specified in the law is favored by many protestants and doesn’t match any version found in Jewish tradition.
Proponents say the Ten Commandments are not solely religious and have a historical significance to the foundation of U.S. law. Murrill, the Republican attorney general, has said she disagreed with deGravelles’ ruling and that the law is constitutional under Supreme Court precedents.
The state’s loss in court on Wednesday came after a partial victory last week, when a 5th Circuit panel temporarily blocked instructions in DeGravelles’ order that state education officials notify schools in all districts of his finding that the law is unconstitutional.

Headline Legal News 2024/10/22 07:51
Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament.
Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya.
The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta.
Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.”
The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers.
The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening.
Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.
Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy.
Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals.

Headline Legal News 2024/08/31 13:40
The Supreme Court on Wednesday kept on hold the latest multibillion-dollar plan from the Biden administration that would have lowered payments for millions of borrowers, while lawsuits make their way through lower courts.
The justices rejected an administration request to put most of it back into effect. It was blocked by the 8th U.S. Circuit Court of Appeals.
In an unsigned order, the court said it expects the appeals court to issue a fuller decision on the plan “with appropriate dispatch.”
The Education Department is seeking to provide a faster path to loan cancellation, and reduce monthly income-based repayments from 10% to 5% of a borrower’s discretionary income. The plan also wouldn’t require borrowers to make payments if they earn less than 225% of the federal poverty line — $32,800 a year for a single person.
Last year, the Supreme Court’s conservative majority rejected an earlier plan that would have wiped away more than $400 billion in student loan debt.
Cost estimates of the new SAVE plan vary. The Republican-led states challenging the plan peg the cost at $475 billion over 10 years. The administration cites a Congressional Budget Office estimate of $276 billion.
Two separate legal challenges to the SAVE plan have been making their way through federal courts. In June, judges in Kansas and Missouri issued separate rulings that blocked much of the administration’s plan. Debt that already had been forgiven under the plan was unaffected.
The 10th U.S. Circuit Court of Appeals issued a ruling that allowed the department to proceed with a provision allowing for lower monthly payments. Republican-led states had asked the high court to undo that ruling.
But after the 8th Circuit blocked the entire plan, the states had no need for the Supreme Court to intervene, the justices noted in a separate order issued Wednesday.
The Justice Department had suggested the Supreme Court could take up the legal fight over the new plan now, as it did with the earlier debt forgiveness plan. But the justices declined to do so.
“This is a recipe for chaos across the student loan system,” said Mike Pierce, executive director of the Student Borrower Protection Center, an advocacy group.
“No court has decided on the merits here, but despite all of that borrowers are left in this limbo state where their rights don’t exist for them,” Pierce said.
Eight million people were already enrolled in the SAVE program when it was paused by the lower court, and more than 10 million more people are looking for ways to afford monthly payments, he said.
Sheng Li, litigation counsel with the New Civil Liberties Alliance, a legal group funded by conservative donors, applauded the order. “There was no basis to lift the injunction because the Department of Education’s newest loan-cancellation program is just as unlawful as the one the Court struck down a year ago,” he said in a statement.

Headline Legal News 2024/08/09 13:10
Defense attorneys for Karen Read are expected to argue Friday that two charges in the death of her Boston police officer boyfriend be dismissed, focusing on the jury deliberations that led to a mistrial.
Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a snowstorm in January 2022. Her two-month trial ended when jurors declared they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations. A new trial is set to begin Jan. 27.
In several motions since the mistrial, the defense contends four jurors have said the jury unanimously reached a not guilty verdict on second-degree murder and leaving the scene of a deadly accident and were deadlocked on the remaining manslaughter charge. Trying her again on those two charges would be unconstitutional double jeopardy, they said.
They also reported that one juror told them “no one thought she hit him on purpose or even thought she hit him on purpose.”
The defense also argues Judge Beverly Cannone abruptly announced the mistrial without questioning jurors about where they stood on each of the three charges Read faced and without giving lawyers for either side a chance to comment.
Prosecutors described the defense’s request to drop charges of second-degree murder and leaving the scene of a deadly accident as an “unsubstantiated but sensational post-trial claim” based on “hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.”
But in another motion, prosecutors acknowledged they received a voicemail from someone who identified themselves as a juror and confirmed the jury had reached a unanimous decision on the two charges. Subsequently, they received emails from three individuals who also identified themselves as jurors and wanted to speak to them anonymously.
Prosecutors said they responded by telling the trio that they welcomed discussing the state’s evidence in the case but were “ethically prohibited from inquiring as to the substance of your jury deliberations.” They also said they could not promise confidentiality.
As they push against a retrial, the defense wants the judge to hold a “post-verdict inquiry” and question all 12 jurors if necessary to establish the record they say should have been created before the mistrial was declared, showing jurors “unanimously acquitted the defendant of two of the three charges against her.”
Prosecutors argued the defense was given a chance to respond and, after one note from the jury indicating it was deadlocked, told the court there had been sufficient time and advocated for the jury to be declared deadlocked. Prosecutors wanted deliberations to continue, which they did before a mistrial was declared the following day.
“Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial, as she had adequate opportunities to object and instead remained silent which removes any double jeopardy bar to retrial,” prosecutors wrote in their motion.
Read, a former adjunct professor at Bentley College, had been out drinking with O’Keefe, a 16-year member of the Boston police who was found outside the Canton, Massachusetts, home of another Boston police officer. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
The defense contended O’Keefe was killed inside the home after Read dropped him off and that those involved chose to frame her because she was a “convenient outsider.”
