Prominent human rights attorney quits over failure to prosecute Venezuela

Lawyer Blog Post 2025/01/14 09:50   Bookmark and Share
A prominent human rights attorney has quietly parted ways with the International Criminal Court to protest what he sees as an unjustified failure of its chief prosecutor to indict members of Venezuelan President Nicolas Maduro ’s government for crimes against humanity, The Associated Press has learned.

The Chilean-born Claudio Grossman, a former law school dean at American University in Washington and past president of the Inter-American Commission on Human Rights, was appointed special adviser to ICC Prosecutor Karim Khan in November 2021. In that unpaid position, he advised Khan on the deteriorating human rights situation in Venezuela.

In a harshly worded email last month to Khan, Grossman said his ethical standards no longer allow him to stand by silently as Maduro’s government continues to commit abuses, expel foreign diplomats and obstruct the work of human rights monitors from the United Nations ? without any action from the ICC.

“I can no longer justify the choice not to take correspondingly serious action against the perpetrators of the grave violations,” Grossman wrote in an email rejecting an offer by Khan’s office in September to renew his contract.

A copy of the email, which has not been made public, was provided to the AP by someone familiar with the ICC investigation into Venezuela. A phone call by Khan asking Grossman to reconsider also failed, according to the person on the condition of anonymity to discuss the politically sensitive investigation.

Following AP’s inquiries with Khan’s office, Grossman’s name was removed from the court’s website listing him as a special adviser.

“The Prosecutor is extremely grateful to Professor Grossman for the expertise and work he has rendered,” the prosecutor’s office said in a statement without addressing Grossman’s stated reasons for cutting ties with the court based in The Hague, Netherlands. Grossman declined to comment.

The pressure on Khan to indict Venezuelan officials, including Maduro himself, comes as he battles allegations of misconduct with a female aide and the threat of U.S. sanctions over his decision to seek the arrest of Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza.

The Rome Statute that established the court took effect in 2002, with a mandate to prosecute war crimes, crimes against humanity and genocide ? but only when domestic courts fail to initiate their own investigations.

Calls for faster progress in the court’s only ever investigation in Latin America have grown louder as Maduro tightens his grip on power, preparing to be sworn in for a third term Jan. 10 following an election marred by serious allegations of ballot box fraud and a post-election crackdown. More than 2,000 people were arrested and 20 killed following the vote.

The U.S. and even some fellow leftist leaders in Latin America have demanded authorities present voting records, as they have in the past, to refute tally sheets presented by Maduro’s opponents showing their candidate, Edmundo Gonzalez, prevailed by a two-to-one margin.

Many in Venezuela’s opposition have complained that the ICC is applying a double standard, moving aggressively to seek the arrest of Netanyahu and Russia’s Vladimir Putin for atrocities in Gaza and Ukraine while showing undue leniency with Venezuelan officials Khan has been investigating for more than three years.

“There is no justification whatsoever for the inaction,” Gonzalez and opposition leader Maria Corina Machado wrote in a recent letter to Grossman and 18 other special advisers to the court appealing for their help.

“What is at stake is the life and well-being of Venezuelans,” they added in the letter, which was also provided to the AP by the person familiar with the ICC investigation. “This unjustifiable delay will cast legitimate doubts about the integrity of a system of accountability that has been an aspiration for the whole world.”

At the request of several Latin American governments, Khan three years ago opened an investigation into Venezuelan security forces’ jailing, torture and killing of anti-government demonstrators. At the same time, he promised technical assistance to give local authorities an opportunity to take action before the ICC, a tribunal of last resort.
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Small businesses brace themselves for potentially disruptive TikTok ban

Lawyer Blog Post 2024/12/25 19:54   Bookmark and Share
A looming TikTok ban could affect the millions of small businesses that use the short-video social media app to help them grow their business.

Desiree Hill, owner of Crown’s Corner Mechanic in Conyers, Georgia, started her business solo as a mobile mechanic. Sharing videos of her work on TikTok helped spread the word and she became so popular she was able to open a 9,000 square foot brick and mortar shop with five employees 18 months ago.

“Every day I get at least two to three customers that have seen me on TikTok, watched my videos and wanted to become a customer,” she said.

Though TikTok has been around only since 2016, small business owners use the platform in a variety of ways, from growing a customer base to advertising and marketing, as well as selling goods directly from the site.

According to TikTok’s own estimates, small businesses on TikTok would lose more than $1 billion in revenue in a single month if the ban goes into effect.

The Justice Department ordered the app’s China-based parent company, ByteDance, to sell TikTok or face a U.S. ban by Jan. 19, citing security concerns. The Supreme Court will take up the matter in January. President-elect Donald Trump, who takes office Jan. 20, has asked the Supreme Court for a delay.

If a ban does occur, small businesses will have to migrate to other platforms to find their customers. Instagram Reels, SnapChat and YouTube Shorts are alternatives. The good news is brands likely already have a presence there. But it may be harder to reach teens that have made TikTok their preferred social media app.

Another alternative is to build a strong database of customers that opt in to providing contact emails or phone numbers. That lets owners reach out directly to customers with promotions and other marketing messages.

But Crown Corner Mechanic’s Hill said she is worried that other sites may not have the reach that TikTok does. She has a presence on YouTube, Instagram and Facebook, but it’s not the same, she said.

“I am worried because there is no preparation for this,” she said. “It holds such a significant place in regards to my customer base and how I reach customers that if I lose TikTok, I will lose a large part of my business or I will lose my ability to grow anymore.”

Crystal Lister is the owner of Mommy and Me: The Listers, in Cypress, Texas, which offers interactive workshops about STEM education. She’s working on pivoting to YouTube for videos and Instagram Reels for teasers to direct people to YouTube, but said TikTok is easier.
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Harvey Weinstein hospitalized after ‘alarming blood test,’ attorney says

Lawyer Blog Post 2024/12/01 12:02   Bookmark and Share
Harvey Weinstein was hospitalized Monday following an “alarming blood test,” his attorney said, less than a week after the disgraced movie mogul filed a legal claim alleging substandard medical care at New York City’s notorious jail complex.

Weinstein, 72, was sent to Bellevue Hospital in Manhattan for an “emergent treatment due to an alarming blood test result that requires immediate medical attention,” his attorney, Imran Ansari, said in a statement.

“It is expected that he will remain there until his condition stabilizes,” the statement continues. “His deprivation of care is not only medical malpractice, but a violation of his constitutional rights.”

A spokesperson for New York City’s Department of Correction did not immediately respond to an email. The agency’s inmate database confirmed that Weinstein had been transferred from Rikers Island to the Bellevue Hospital Prison Ward in Manhattan.

Weinstein has been in city custody since earlier this year after the New York Court of Appeals overturned his 2020 rape conviction in the state. The case is set to be retried in 2025. Weinstein has denied any wrongdoing.

In a legal filing last week, Weinstein’s attorneys accused the city of providing him with substandard medical care for a litany of medical afflictions, which include chronic myeloid leukemia and diabetes.

“When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear — hardly sanitary conditions for someone with severe medical conditions,” Ansari said in a statement that likened Rikers Island to a “gulag.”

The troubled jail complex, located on an island in New York City’s East River, has faced growing scrutiny for its mistreatment of detainees and dangerous conditions. Last week, a federal judge cleared the way for a possible federal takeover of the jail system, finding the city had placed its incarcerated population in “unconstitutional danger.”

A publicist for Weinstein, Juda Engelmayer, echoed the allegation in a statement Monday.

“Mr. Weinstein, who is suffering from a number of illnesses, including leukemia, has been deprived the medical attention that someone in his medical state deserves, prisoner or not,” he said. “In many ways, this mistreatment constitutes cruel and unusual punishment.”
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Court rules nearly 98000 Arizonans can vote the full ballot

Lawyer Blog Post 2024/09/17 06:42   Bookmark and Share
The Arizona Supreme Court unanimously ruled Friday that nearly 98,000 people whose citizenship documents hadn’t been confirmed can vote in state and local races, a significant decision that could influence ballot measures and tight legislative races.

The court’s decision comes after officials uncovered a database error that for two decades mistakenly designated the voters as having access to the full ballot. The voters already were entitled to cast ballots in federal races, including for president and Congress, regardless of how the court ruled.

Secretary of State Adrian Fontes, a Democrat, and Stephen Richer, the Republican Maricopa County recorder, had disagreed on what status the voters should hold. Richer asked the high court to weigh in, saying Fontes ignored state law by advising county officials to let affected voters cast full ballots.

Fontes said not allowing the voters who believed they had satisfied voting requirements access to the full ballot would raise equal protection and due process concerns.

The high court, which leans Republican, agreed with Fontes. It said county officials lack the authority to change the voters’ statuses because those voters registered long ago and had attested under the penalty of law that they are citizens. The justices also said the voters were not at fault for the database error and also mentioned the little time that’s left before the Nov. 5 general election.

“We are unwilling on these facts to disenfranchise voters en masse from participating in state contests,” Chief Justice Ann Scott Timmer wrote in the ruling.

Of the nearly 98,000 affected voters, most of them reside in Maricopa County, which is home to Phoenix, and are longtime state residents who range in age from 45 to 60. About 37% of them are registered Republicans, about 27% are registered Democrats and the rest are independents or affiliated with minor parties.

Arizona is unique among states in that it requires voters to prove their citizenship to participate in local and state races. Voters can demonstrate citizenship by providing a driver’s license or tribal ID number, or they can attach a copy of a birth certificate, passport or naturalization documents.

Arizona considers drivers’ licenses issued after October 1996 to be valid proof of citizenship. However, a system coding error marked nearly 98,000 voters who obtained licenses before 1996 — roughly 2.5% of all registered voters — as full-ballot voters, state officials said.
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Court revives Sarah Palin’s libel lawsuit against The New York Times

Lawyer Blog Post 2024/08/28 13:41   Bookmark and Share
A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.

It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.

The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.

The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.

Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”

“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.

Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.

The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.

Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.

The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.

It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.

“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said.
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Court filings provide additional details of the US’ first nitrogen gas execution

Lawyer Blog Post 2024/08/01 21:56   Bookmark and Share
A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted.

Another court document indicated that the nitrogen gas was flowing for at least 10 minutes during the execution. The documents filed last month in ongoing litigation provided additional details of the execution of Kenneth Smith, who was the first person put to death using nitrogen gas.

Alabama Attorney General Steve Marshall’s office maintains the high oxygen readings indicate that Smith held his breath as the nitrogen gas flowed, causing the execution to take longer than expected. But attorneys for another inmate said the state has no proof to back up that claim and is trying to “explain away” an execution that went horribly awry.

As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution.

Media witnesses to Smith’s execution, including The Associated Press, said that Smith shook on the gurney for several minutes before taking a series of gasping breaths. Alabama had assured a federal judge before the execution that the new execution method would quickly cause unconsciousness and death.

A pulse oximeter showed that Smith had oxygen levels of 97% to 98% for a “period of time that was longer than I had expected,” the corrections captain said in a sworn statement. The corrections captain said he did not observe Smith make any violent or convulsive movements, but he did tense up and raise his body off the gurney. After “he released a deep breath,” the oxygen levels began dropping, the corrections captain said.

“The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas — not that the mask did not fit or that the nitrogen was impure,” the Alabama attorney general’s office wrote in a court filing.

Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay.
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