International Criminal Court to probe abuses in Venezuela

Lawyer Blog Post 2021/11/08 14:52   Bookmark and Share
The International Criminal Court is opening a formal investigation into allegations of torture and extrajudicial killings committed by Venezuelan security forces under President Nicolás Maduro’s rule, the first time a country in Latin America is facing scrutiny for possible crimes against humanity from the court.

The opening of the probe was announced Wednesday by ICC Chief Prosecutor Karim Khan at the end of a three-day trip to Caracas.

Standing alongside Maduro, Khan said he was aware of the political “fault lines” and “geopolitical divisions” that exist in Venezuela. But he said his job was to uphold the principles of legality and the rule of law, not settle scores.

“I ask everybody now, as we move forward to this new stage, to give my office the space to do its work,” he said. “I will take a dim view of any efforts to politicize the independent work of my office.”

While Khan didn’t outline the scope of the ICC’s investigation, it follows a lengthy preliminary probe started in February 2018 — later backed by Canada and five Latin American governments opposed to Maduro — that focused on allegations of excessive force, arbitrary detention and torture by security forces during a crackdown on antigovernment protests in 2017.

Human rights groups and the U.S.-backed opposition immediately celebrated the decision. Since its creation two decades ago, the ICC has mostly focused on atrocities committed in Africa.

“This is a turning point,” said Jose Miguel Vivanco, the Americas director for Human Rights Watch. “Not only does it provide hope to the many victims of Maduro’s government but it also is a reality check that Maduro himself could be held accountable for crimes committed by his security forces and others with total impunity in the name of the Bolivarian revolution.”

It could be years before any criminal charges are presented as part of the ICC’s investigation.

Maduro said he disagreed with Khan’s criteria in choosing to open the probe. But he expressed optimism that a three-page “letter of understanding” he signed with the prosecutor that would allow Venezuelan authorities to carry out their own proceedings in search of justice, something allowed under the Rome statute that created the ICC.
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Video: Officer shoots Illinois inmate after struggle for gun

Lawyer Blog Post 2021/11/01 10:54   Bookmark and Share

Illinois State Police have released video footage showing a tense scene involving an inmate’s attack on a correctional officer at a courthouse and another officer firing his weapon at the inmate and injuring him.

Authorities said 55-year-old Fredrick Goss was at the Jefferson County Courthouse earlier this month for a trial. He was uncuffed while being transported in a wheelchair to trial where he was to be unrestrained.

Footage of the incident, released Friday on an Illinois State Police Facebook page, appeared to show Goss grabbing an officer’s gun and struggling with him before a deputy stepped in and shot Goss, who was hospitalized.

Police did not release further details about his injuries.

The correctional officer had minor injuries while the deputy wasn’t hurt, according to state police.

“To protect the life of the correctional officer and himself, the deputy confronted the armed inmate and was forced to fire his weapon,” police said in a news release. “The inmate was injured by the gunfire. Immediate assistance was requested.”

Goss was facing trial for an armed robbery and exchanging gunfire with police.

A message left Sunday for Matt Vaughn, a public defender in Jefferson County who has represented Goss, wasn’t immediately returned.

Online court records show the case is scheduled for a Nov. 30 status hearing.
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Appellate court sets hearing in South Carolina abortion case

Lawyer Blog Post 2021/10/11 15:29   Bookmark and Share
An appellate court is set to debate a lawsuit challenging South Carolina’s abortion law about a week after the U.S. Supreme Court considers a similar measure in Mississippi.

The 4th U.S. Circuit Court of Appeals has tentatively calendared the South Carolina case for oral arguments the week of Dec. 6, according to an order from the court posted Friday.

Planned Parenthood is suing South Carolina to over the measure, which was signed into law by Republican Gov. Henry McMaster earlier this year and requires doctors to perform ultrasounds to check for a so-called “fetal heartbeat.” If cardiac activity — which can typically be detected about six weeks into pregnancy — is detected, the abortion can only be performed if the pregnancy was caused by rape or incest, or if the mother’s life is in danger.

Opponents have argued many women do not know they are pregnant at six weeks. And, they argue, with such an early deadline, the law gives women little time to consider whether to have an abortion.

Medical experts say the cardiac activity is not an actual heartbeat but rather an initial flutter of electric activity within cells in an embryo. They say the heart doesn’t begin to form until the fetus is at least nine weeks old, and they decry efforts to promote abortion bans by relying on medical inaccuracies.

A judge has blocked South Carolina’s law from going into effect pending the outcome of a challenge to Mississippi’s new abortion law, which the U.S. Supreme Court expects to hear Dec. 1.

Mississippi wants the high court to uphold its ban on most abortions after the 15th week of pregnancy, telling the court it should overrule the landmark Roe v. Wade decision guaranteeing a woman’s right to an abortion and the 1992 decision in Planned Parenthood v. Casey that prevents states from banning abortion before viability.
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Arkansas court: State can’t enforce ban on mask mandates

Lawyer Blog Post 2021/10/01 13:08   Bookmark and Share
The Arkansas Supreme Court on Thursday said it wouldn’t allow the state to enforce its ban on mask mandates by schools and other government bodies, while lawmakers clashed over efforts to prohibit businesses from requiring employees get the COVID-19 vaccine.

In a one-page order, justices denied the request by the state to stay the August decision blocking enforcement of Arkansas’ mandate ban.

More than 100 school districts and charter schools have approved mask requirements since the ruling against the law. The requirements cover more than half the state’s public school students.

Republican Gov. Asa Hutchinson, who signed the law but later said he regretted that decision, had separately asked the court to deny the request to stay the ruling.

“I am gratified with the Arkansas Supreme Court ruling allowing the decision of Judge Fox to stand,” Hutchinson said in a statement. “Judge Fox determined the law was unconstitutional and allowed local school districts to make their own decisions on masks.”

Republican Attorney General Leslie Rutledge said she was disappointed with the ruling.

“I will wholeheartedly defend Arkansas law as this appeal progresses,” she said in a statement.

The ruling came the same day the majority-Republican Senate voted to send eight bills limiting or prohibiting employer vaccine mandates back to a committee following complaints that they were rushed through a day earlier without public comment.
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Federal judge delays vaccine mandate for NYC teachers

Lawyer Blog Post 2021/09/27 10:50   Bookmark and Share
New York City schools have been temporarily blocked from enforcing a vaccine mandate for its teachers and other workers by a federal appeals judge just days before it was to take effect.

Workers in the nation’s largest school system were to be required to show vaccination proof starting Monday. But late Friday, a judge for the 2nd U.S. Circuit Court of Appeals granted a temporary injunction sought by a group of teachers pending review by a three-judge panel, which will take up the motion Wednesday.

Department of Education spokesperson Danielle Filson said officials were seeking a speedy resolution in court.

“We’re confident our vaccine mandate will continue to be upheld once all the facts have been presented, because that is the level of protection our students and staff deserve,” Filson said in an email.

The New York Post reported that the department sent an email to principals Saturday morning saying they “should continue to prepare for the possibility that the vaccine mandate will go into effect later in the week.”

Mayor Bill de Blasio announced in August that about 148,000 school employees would have to get at least a first dose of the COVID-19 vaccination by Sept. 27. The policy covers teachers, along with other staffers, such as custodians and cafeteria workers.

It’s the first no-test-option vaccination mandate for a broad group of city workers in the nation’s most populous city. And it mirrors a similar statewide mandate for hospital and nursing home workers set to go into effect Monday.

As of Friday, 82% of department employees have been vaccinated, including 88% of teachers.

Even though most school workers have been vaccinated, unions representing New York City principals and teachers warned that could still leave the 1 million-student school system short of as many as 10,000 teachers, along with other staffers.

De Blasio has resisted calls to delay the mandate, insisting the city was ready.

“We’ve been planning all along. We have a lot of substitutes ready,” the Democrat said in a radio interview on Friday. “A lot is going to happen between now and Monday but beyond that, we are ready, even to the tune of, if we need thousands, we have thousands.”
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Supreme Court hanging up phone, back to in-person arguments

Lawyer Blog Post 2021/09/08 12:25   Bookmark and Share
The justices are putting the “court” back in Supreme Court. The high court announced Wednesday that the justices plan to return to their majestic, marble courtroom for arguments beginning in October, more than a year and a half after the in-person sessions were halted because of the coronavirus pandemic.

The justices had been hearing cases by phone during the pandemic but are currently on their summer break. The court said that oral arguments scheduled for October, November and December will be in the courtroom but that: “Out of concern for the health and safety of the public and Supreme Court employees, the Courtroom sessions will not be open to the public.”

“The Court will continue to closely monitor public health guidance in determining plans,” the announcement said.

The court said that while lawyers will no longer argue by telephone, the public will continue to be able to hear the arguments live. Only the justices, essential court personnel, lawyers in the cases being argued and journalists who cover the court full-time will be allowed in the courtroom. The court that returns to the bench is significantly different from the one that left it.

When the justices last sat together on the bench at their neoclassical building across the street from the U.S. Capitol on March 9, 2020, Justice Ruth Bader Ginsburg was the court’s most senior liberal and conservatives held a narrow 5-4 majority. But Ginsburg died in September 2020, and her replacement by conservative Amy Coney Barrett in the final days of the Trump administration has given conservatives a significant 6-3 majority.

Because of the pandemic, Barrett has yet to be part of a traditional courtroom argument, with the justices asking questions of lawyers in rapid succession, jockeying for an opening to ask what’s on their minds. The arguments the court heard by telephone were more predictable and polite, with the justices taking turns asking questions, one by one, in order of seniority. That often meant the arguments went longer than their scheduled hour.

It also meant that lawyers and the public heard from the previously reticent Justice Clarence Thomas in every telephone argument. Before the pandemic Thomas routinely went years without speaking during arguments and had said he doesn’t like his colleagues’ practice of rapid-fire questioning that cuts off attorneys. “I don’t see where that advances anything,” he said in 2012.

One change from the remote arguments will stay for now. The justices said they will continue their practice during the pandemic of allowing audio of oral arguments to be broadcast live by the news media. Before the pandemic, the court would only very occasionally allow live audio of arguments in particularly high profile cases.

That meant that the only people who heard the arguments live were the small number of people in the courtroom. The court releases a transcript of the arguments on the same day but, before the pandemic, only posted the audio on its website days after.
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