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Lawsuit: Trump still blocks Twitter critics after court loss
Law Center | 2020/08/01 10:57
An organization that successfully proved President Donald Trump violated the law when he blocked Twitter critics sued him anew on Friday, saying he continues to reject some accounts two years after losing in court.

The Knight First Amendment Institute at Columbia University sued Trump a second time in Manhattan federal court over use of his @realDonaldTrump Twitter account, saying the president and his staff continue to block some accounts.

Some individuals identified in a lawsuit filed in 2017, along with dozens of others who were blocked on the basis of viewpoint, have been unblocked, the lawsuit said.

But lawyers say the White House has refused to unblock those who can't identify which tweet led them to be blocked and others who were blocked before Trump was sworn in more than three years ago.

“It shouldn’t take another lawsuit to get the president to respect the rule of law and to stop blocking people simply because he doesn’t like what they’re posting,” said Katie Fallow, senior staff attorney at the Knight Institute, in a release.

The lawsuit identified as plaintiffs five individuals who remain blocked, including a digital specialist with the American Federation of Teachers, a freelance writer and researcher, a former teacher, an actor and Donald Moynihan, a professor of public policy at Georgetown University.

Moynihan could not point to a specific tweet that caused him to be blocked because he periodically deletes tweets, the lawsuit said. It added that when the institute pressed the White House to unblock Moynihan, the request was rejected.


Court hears testimony on whether Assange was spied on
Law Center | 2020/07/27 12:57
Spain’s National Court heard testimony Monday in an investigation into whether a Spanish company was hired to spy on Julian Assange during the seven years the WikiLeaks founder spent in the Ecuadorean Embassy in London.

The court is investigating whether David Morales, a Spaniard, and his Undercover Global S.L. security agency invaded the privacy of Assange and his visitors at the embassy by secretly recording their meetings. The intelligence that Morales’ company collected is suspected of being handed over to third parties, according to court papers.

Among those set to face the court's questions Monday were prominent Spanish lawyer Baltasar Garzón, who is part of Assange’s legal team; former Ecuadorean consul in London Fidel Narváez; and Stella Morris, a legal adviser and Assange’s partner, who revealed earlier this year that she had two children with him while he lived in the embassy. Staff of the Spanish security company are due to testify on Tuesday.

Assange, whose lawyers filed a complaint at the court to trigger the investigation, is in a British prison after being removed from the embassy last year. He is fighting extradition to the United States, where he faces espionage charges over the activities of WikiLeaks.

The court is conducting an investigation, begun last year, before deciding whether there is evidence of wrongdoing that warrants a trial.

Undercover Global, also known as UC Global, was hired by Ecuador’s government to provide security at the Ecuadorean embassy in London between 2015 and 2018. Its main task was to secure the property’s perimeter, including the deployment of security staff, due to Assange’s presence inside, court papers say.



German court convicts former concentration camp guard, 93
Law Center | 2020/07/23 12:58
A German court on Thursday convicted a 93-year-old former SS private of being an accessory to murder at the Stutthof concentration camp, where he served as a guard in the final months of World War II. He was given a two-year suspended sentence.

Bruno Dey was convicted of 5,232 counts of accessory to murder by the Hamburg state court, news agency dpa reported. That is equal to the number of people believed to have been killed at Stutthof during his service there in 1944 and 1945. He also was convicted of one count of accessory to attempted murder.  “How could you get used to the horror?” presiding judge Anne Meier-Goering asked as she announced the verdict.

Because he was only 17, and later 18, at the time of his alleged crimes, Dey’s case was heard in juvenile court. Prosecutors had called for a three-year sentence, while the defense sought acquittal. The trial opened in October. Because of Dey’s age, court sessions were limited to two, two-hour sessions a week. Additional precautions also were taken to keep the case going through the height of the coronavirus pandemic.

In a closing statement earlier this week, the wheelchair-bound German retiree apologized for his role in the Nazis’ machinery of destruction, saying “it must never be repeated.” “Today, I want to apologize to all of the people who went through this hellish insanity,” Dey told the court.

For at least two decades, every trial of a former Nazi has been dubbed “likely Germany’s last.” But just last week, another ex-guard at Stutthof was charged at age 95. A special prosecutors’ office that investigates Nazi-era crimes has more than a dozen ongoing investigations.

That’s due in part to a precedent established in 2011 with the conviction of former Ohio autoworker John Demjanjuk as an accessory to murder on allegations that he served as a guard at the Sobibor death camp in German-occupied Poland. Demjanjuk, who steadfastly denied the allegations, died before his appeal could be heard.



Supreme Court upholds cellphone robocall ban
Law Center | 2020/07/07 10:08
The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones.

The case, argued by telephone in May because of the coronavirus pandemic, only arose after Congress in 2015 created an exception in the law that allowed the automated calls for collection of government debt.

Political consultants and pollsters were among those who asked the Supreme Court to strike down the entire 1991 law that bars them from making robocalls to cellphones as a violation of their free speech rights under the Constitution. The issue was whether, by allowing one kind of speech but not others, the exception made the whole law unconstitutional.

Six justices agreed that by allowing debt collection calls to cellphones Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment,” Justice Brett Kavanaugh wrote. And seven justices agreed that the 2015 exception should be stricken from the law.

“Americans passionately disagree about many things. But they are largely united in their disdain for robocalls,” Kavanaugh noted at the outset of his opinion.

During arguments in the case in May, Justice Stephen Breyer got cut off when someone tried calling him. Breyer said after he rejoined the court’s arguments: “The telephone started to ring, and it cut me off the call and I don’t think it was a robocall.”



Supreme Court doesn’t wade into Texas mail-in voting battle
Law Center | 2020/06/27 09:56
The U.S. Supreme Court on Friday rejected a request by Texas Democrats to allow all of the state’s 16 million registered voters to vote by mail during the coronavirus pandemic.

The denial is not the end of the ongoing battle over mail-in voting in Texas, but it remains a loss for Democrats who made the emergency ruling request while the original case is tied up at the 5th U.S. Circuit Court of Appeals.

Justice Sonia Sotomayor urged the lower court to consider the case “well in advance of the November election.” Voting by mail in Texas is generally limited to those 65 or older or those with a “sickness or physical condition” that prevents voting in person.

For months, Republican Texas Attorney General Ken Paxton has fought expanding mail-in balloting during the pandemic, saying fear of contracting the virus is an insufficient reason. A federal judge in Texas sided with Democrats in May, but that decision is on hold pending appeal.

Early voting in Texas begins Monday for primary runoff elections that had been postponed to July over coronavirus fears, but Texas is now one of the nation’s coronavirus hotspots as confirmed cases reach record levels and Gov. Greg Abbott reimposes restrictions.


Appeals court orders dismissal of Michael Flynn prosecution
Law Center | 2020/06/25 09:57
A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.

The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s move to abandon the case against Flynn settles the matter, even though Flynn pleaded guilty as part of special counsel Robert Mueller’s Russia investigation to lying to the FBI.

The ruling, a significant win for both Flynn and the Justice Department, appears to cut short what could have been a protracted legal fight over the basis for the government’s dismissal of the case. It came as Democrats question whether the Justice Department has become too politicized and Attorney General William Barr too quick to side with the president, particularly as he vocally criticizes, and even undoes, some of the results of the Russia investigation.

The House Judiciary Committee held a hearing Wednesday centered on another unusual move by Barr to overrule his own prosecutors and ask for less prison time for another Trump associate, Roger Stone. Barr has accepted an invitation to testify before the panel on July 28, a spokeswoman said Wednesday, and he will almost certainly be pressed about the Flynn case.


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