Maldives court overturns prison term for ex-president

Legal Interview 2018/10/20 14:12   Bookmark and Share
A high court in the Maldives on Thursday overturned a prison sentence for the country's former strongman, who had been jailed for not cooperating with a police investigation into allegations he was trying to overthrow the government.

The court set aside the jail term of one year, seven months and six days imposed by the Criminal Court on ex-President Maumoon Abdul Gayoom.

Maumoon was jailed in June for not handing over his cellphone to investigators after being accused of being part of a plan to overthrow his half-brother, outgoing President Yameen Abdul Gayoom. Maumoon was among dozens of political opponents and officials jailed by Yameen during his five-year rule after trials criticized for alleged lack of due process.

Yameen lost last month's presidential election to joint opposition candidate Ibrahim Mohamed Solih. The court ruled Thursday that the lower court did not follow correct trial procedures.
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Court orders some fixes in Texas foster care

Legal Interview 2018/10/16 14:13   Bookmark and Share
A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge.

The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.”

The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.”

But the judges said her order went “well beyond” what’s necessary for constitutional compliance.

So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.
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Court: Doctor in Spain abducted newborn 49 years ago

Legal Interview 2018/10/08 10:52   Bookmark and Share
A Spanish court ruled Monday that a doctor stole a newborn child nearly five decades ago, one of the many abducted during Spain's 20th-century dictatorship, but cleared him because the statute of limitations had expired.

The Madrid court said 85-year-old gynecologist Eduardo Vela could not be punished because one of those who were stolen, plaintiff Ines Madrigal, did not make her complaint until 2012, more than a decade after the gravest crime had taken place.

The court did find, however, that Vela was responsible for abducting Madrigal in 1969, faking her birth by her adoptive parents and forging official documents.

Monday's verdict is Spain's first in relation to the wide-scale child trafficking that took place from the onset of the country's Civil War in 1936 to the death of dictator Gen. Francisco Franco in 1975.

The right-wing regime waged a campaign to take away the children of poor families, prisoners or political enemies, sometimes stripping women of their newborns by lying and saying they had died during labor. The children were then given to pro-Franco families or the church, who educated the children on the regime's ideology and on Roman Catholicism.

Vela, the director of a Madrid clinic considered to be at the epicenter of the scandal, denied the accusations during this year's trial.

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UN court asked to probe Venezuela; leader defiant in speech

Legal Interview 2018/09/29 01:04   Bookmark and Share
Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”

Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.

“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.

The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.

Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”

“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”

But at the same time, he said he was willing to talk with Trump.

Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.

Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.

Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention.
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Audit: West Virginia Supreme Court skirted pay law

Legal Interview 2018/09/06 11:53   Bookmark and Share
A new legislative audit report says West Virginia's Supreme Court skirted state law concerning pay for senior status judges.

News outlets report the audit released last week found 10 senior-status judges were authorized overpayments. State law prohibits them from making more than active circuit judges. The audit said that to circumvent the law, Supreme Court officials began converting senior status judges from employees to independent contractors.

The audit by the Legislative Auditor's Office Post Audit Division also pegged renovations for Supreme Court offices between 2012 and 2016 at $3.4 million, including $1.9 million for the five justices' chambers. Auditors say invoices for renovations to the court's law library and administrative offices were not made available.

Four justices who were impeached by the House of Delegates are due to go before the state Senate on Tuesday.
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High court pick Kavanaugh and his carefully constructed life

Legal Interview 2018/08/31 23:38   Bookmark and Share
Judge Brett Kavanaugh's life seems as carefully constructed as the Supreme Court arguments he will hear if he is confirmed to the high court. He checks all the boxes of the ways of Washington, or at least the way Washington used to be.

He's a team player — the conservative team — stepping up to make a play at key moments in politics, government and the law dating to the Bill Clinton era and the salacious dramas of that time.

Yet in a capital and a country where politics has become poisonously tribal, Kavanaugh has tried to cover his bases, as Washington insiders have long done. He's got liberal friends, associates and role models. He was a complicated figure in the scandal-ridden 1990s, by turns zealous and restrained as an investigator.

If he wins confirmation, he'll be seated with Justice Elena Kagan, the Obama-era solicitor general who hired him to teach at Harvard when she was law school dean, as well as with his prep school mate, Justice Neil Gorsuch. Kavanaugh's law clerks have gone on to work for liberal justices. He's served with Justice Ruth Bader Ginsburg in mock trials of characters in Shakespeare plays, a night out from the real-life dramas.

Amateur athlete, doer of Catholic good works, basketball-coaching dad, Yale degrees, progression from lawyer to White House aide to judge — it's all there in a rarefied life of talent and privilege, though strikingly not one of great personal wealth.

The only skeleton in Kavanaugh's closet that the White House has owned up to is as American as apple pie.

Spending on baseball games helped drive him into debt one year, the White House said. He's also been ribbed for hoarding gummy bears when he worked as an aide to President George W. Bush. Because Republicans are not releasing critical documents for the hearings, it remains to be seen if anything else is rattling around.

With some ideological mashup, Kavanaugh's judicial record has been conservative in the main, reflecting views that could swing the court right on abortion, gay rights, executive power and more for decades to come.

Kavanaugh heads into the confirmation hearings, which begin Tuesday before the Senate Judiciary Committee, representing the hopes of President Donald Trump and the right that he will do just that.

Kavanaugh, who's 53, has seen a steady career progression: law clerk for federal appeals judges, fellowship with then-Solicitor General Starr, law clerk for Justice Anthony Kennedy (with Gorsuch), associate counsel in the Starr investigation, law-firm partner, Bush White House associate counsel, White House staff secretary, judge. He first dated Ashley Estes, then Bush's personal secretary, Sept. 10, 2001; they married in 2004 and have two daughters.
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