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Despite rhetoric, GOP has supported packing state courts
Headline News |
2020/10/21 21:34
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Republican claims that Democrats would expand the U.S. Supreme Court to undercut the conservative majority if they win the presidency and control of Congress has a familiar ring. It's a tactic the GOP already has employed in recent years with state supreme courts when they have controlled all levers of state political power.
Republican governors in Arizona and Georgia have signed bills passed by GOP-dominated legislatures to expand the number of seats on their states’ respective high courts. In Iowa, the Republican governor gained greater leverage over the commission that names judicial nominees.
“The arguments being advanced now by Republican leaders — that this is an affront to separation of powers, that this is a way of delegitimizing courts — those don’t seem to be holding at the state level,” said Marin Levy, a law professor at Duke University who has written about efforts to expand state high courts.
President Donald Trump and the GOP have seized on the issue in the final weeks of the presidential race, arguing that Democratic nominee Joe Biden would push a Democratic Congress to increase the number of seats on the Supreme Court and fill those with liberal justices.
Some on the left have floated the idea in the wake of Republicans' rush to confirm Amy Coney Barrett to fill the seat of Justice Ruth Bader Ginsburg, a liberal icon who died last month. Biden, for his part, has said he's not a fan of so-called “court packing,” and it's far from certain that Democrats can win back the majority in the U.S. Senate.
Arizona's governor, Republican Doug Ducey, said he opposes adding seats to the U.S. Supreme Court. "We shouldn’t be changing our institutions,” he told reporters recently. Yet Ducey signed a bill that did just that at the state level in 2016, expanding the Arizona Supreme Court from five seats to seven. As a result, Ducey has appointed more judges than any other governor in the state's history.
Ducey said the situations are not the same because Arizona’s system for selecting judges allows him to appoint them only from a list sent to him by a commission that interviews and vets candidates.
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'Hotel Rwanda' hero charged with terrorism in Rwanda court
Headline News |
2020/09/15 11:26
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A Rwandan court on Monday charged Paul Rusesabagina, whose story inspired the film “Hotel Rwanda,” with terrorism, complicity in murder, and forming an armed rebel group.
Rusesabagina declined to respond to all 13 charges, saying some did not qualify as criminal offenses and saying that he denied the accusations when he was questioned by Rwandan investigators.
Rusesabagina, 66, asked to be released on bail, citing poor health that has caused him to be taken to hospital three times in the time that he has been held in Rwanda.
“I request that I am given bail and I assure the court that I will not flee from justice,” Rusesabagina said. The court said it will rule on his bail application on Thursday.
Rusesabagina was represented by Rwandan lawyers David Rugaza and Ameline Nyembo, who have been discounted as state-imposed representation by his family outside Rwanda.
Neither his lawyers nor the prosecution explained the circumstances under which Rusesabagina arrived in Kigali at the end of August from Dubai. He had traveled from the U.S. to Dubai and then mysteriously appeared in Rwanda. The Rwandan court said the suspect was arrested at Kigali International Airport, contradicting the earlier police version that he was arrested through “international cooperation.”
When Rwandan President Paul Kagame spoke on national broadcasting about the case, he indicated that Rusesabagina may have been tricked i nto boarding a private plane in Dubai that took him to Rwanda.
Amnesty International on Monday urged Rwandan authorities to guarantee Rusesabagina his right to a fair trial.
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Slovakia court set to give verdict in reporter's slaying
Headline News |
2020/09/03 20:07
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A court in Slovakia is expected to issue a verdict Thursday in the slayings of an investigative journalist and his fiancee, a crime that shocked the country and led a government to fall.
The state prosecution has requested 25-year prison terms for three remaining defendants, one of them a businessman accused of masterminding the killings. They all pleaded not guilty to murdering journalist Jan Kuciak, and fiancee Martina Kusnirova, both aged 27.
But the trial at the Specialized Criminal Court in Pezinok, which handles Slovakia's most serious cases, might not be coming to an end, yet.
A three-judge tribunal originally was set to deliver a verdict in early August but delayed its decision, citing a need for more time.
Prosecutors submitted additional evidence on Monday. The panel could decide to postpone the verdict again to give them a chance to present the evidence in court.
Kuciak was shot in the chest and Kusnirova was shot in the head at their home in the town of Velka Maca, east of Bratislava, on Feb. 21, 2018.
The killings prompted major street protests unseen since the 1989 anti-communist Velvet Revolution in Czechoslovakia. The ensuing political crisis led to the collapse of a coalition government headed by populist Prime Minister Robert Fico and to the dismissal of the national police chief.
Kuciak had been writing about alleged ties between the Italian mafia and people close to Fico when he was killed, and also wrote about corruption scandals linked to Fico’s leftist Smer - Social Democracy party.
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Court lifts block on 4 Arkansas abortion restrictions
Headline News |
2020/08/08 12:44
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A federal appeals court on Friday lifted a judge's ruling that has blocked four Arkansas abortion restrictions from taking effect, including a ban on a common second trimester procedure and a fetal remains law that opponents say would effectively require a partner’s consent before a woman could get an abortion.
The 8th U.S. Circuit Court of Appeals vacated the 2017 preliminary injunction issued against the restrictions. The American Civil Liberties Union and the Center for Reproductive Rights had challenged the measures, suing on behalf of Dr. Frederick Hopkins, a Little Rock abortion provider.
The appeals panel said the case needs to be reconsidered in light of a recent decision on abortion by the U.S. Supreme Court.
The laws U.S. District Judge Kristine Baker blocked include a ban on a procedure known as dilation and evacuation, which abortion rights supporters say it is the safest and most common procedure used in second-trimester abortions. The state calls it barbaric and “dismemberment abortion,” saying it can have emotional consequences for the women who undergo it.
Republican Attorney General Leslie Rutledge praised the appeals court's ruling.
“Arkansas has taken a strong stance to protect the unborn from inhumane treatment,” Rutledge said in a statement. “As Arkansas’s chief legal officer, I have always advocated for the lives of unborn children and will continue to defend our state’s legal right to protect the unborn."
The 2017 decision also blocked new restrictions on the disposal of fetal tissue collected during abortions. The plaintiffs argued that it could also block access by requiring notification of a third party, such as the woman’s parents or her sexual partner, to determine what happens to the fetal remains.
The other restrictions included one that bans abortions based solely on the fetus’ sex and another that requires physicians performing abortions for patients under 14 to take certain steps to preserve embryonic or fetal tissue and notify police where the minor resides.
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Court OKs extradition of man linked to Venezuela's Maduro
Headline News |
2020/08/04 10:57
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A court in the West African nation of Cape Verde has approved the extradition to the United States of a Colombian businessman wanted on suspicion of money laundering on behalf of Venezuela's socialist government, his lawyers said Tuesday.
The court made the decision to extradite Alex Saab on Friday, but his legal team said in a statement it was informed about the decision only on Monday. They said they would appeal.
Saab was arrested in June when his private jet stopped to refuel in the former Portuguese colony on the way to Iran.
Saab was waiting for the court to schedule a hearing at which he could argue against extradition, according to the statement sent by the legal team, which is led by former Spanish judge Baltasar Garzon.
The legal team described the extradition order as “alarming” and accused Cape Verdean authorities of denying him his legal rights. The defense lawyers plan to appeal to Cape Verde’s Supreme Court and, if necessary, the Constitutional Court, the statement said.
U.S. officials trying to reignite their campaign to oust Maduro believe Saab holds many secrets about how Venezuelan president, his family and top aides allegedly siphoned off millions of dollars in government contracts at a time of widespread hunger in the oil-rich nation.
Venezuela’s government had protested the arrest of Saab, 48, who it said was on a “humanitarian mission” to buy food and medical supplies. Saab came onto the radar of U.S. authorities a few years ago after amassing a large number of contracts with Maduro’s government.
Federal prosecutors in Miami indicted him and a business partner last year on money laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.
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Ohio court to hear arguments in appeal over judge shot video
Headline News |
2020/07/21 09:32
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Surveillance video showing an Ohio judge being shot and wounded at a courthouse before the assailant was himself shot and killed is a public record that should be released, according to arguments by an attorney for The Associated Press in a case before the state Supreme Court.
The video shows Jefferson County Judge Joseph Bruzzese Jr. being shot outside a Steubenville courthouse in eastern Ohio in August 2017 by 51-year-old Nathaniel Richmond, and then Richmond being killed by a probation officer.
Richmond had a pending wrongful death lawsuit in front of Bruzzese at the time. The judge recovered and returned to the bench. The Ohio Supreme Court planned oral arguments for Tuesday. A decision isn't expected for weeks.
The day of the shooting, the AP asked for a copy of the surveillance video recorded by a camera positioned in front of the courthouse, but Jefferson County Prosecutor Jane Hanlin denied that request, saying the video was a confidential law enforcement record and part of the courthouse’s infrastructure security system, among other arguments.
In February 2019, the Ohio Court of Claims sided with an appeal brought by the AP, saying the video doesn’t contain information used to protect a public office from “attack, interference or sabotage.”
Hanlin appealed, and in September 2019, the 7th District Court of Appeals in Youngstown agreed with the prosecutor, determining the video is exempt from being released under Ohio public record laws as part of the courthouse’s security measures.
The appeals court said, in part, that the Court of Claims should have considered affidavits submitted by Hanlin, based on her personal knowledge of the situation, that the video met the security exemption under state law. |
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