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Supreme Court ends Trump emoluments lawsuits
Court Watch |
2021/01/25 11:11
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The Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency, saying the cases are moot now that Trump is no longer in office.
The high court’s action was the first in an expected steady stream of orders and rulings on pending lawsuits involving Trump now that his presidency has ended. Some orders may result in dismissals of cases since Trump is no longer president. In other cases, proceedings that had been delayed because Trump was in the White House could resume and their pace even quicken.
The justices threw out Trump’s challenge to lower court rulings that had allowed lawsuits to go forward alleging that he violated the Constitution’s emoluments clause by accepting payments from foreign and domestic officials who stay at the Trump International Hotel and patronize other businesses owned by the former president and his family.
The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office.
The outcome leaves no appellate court opinions on the books in an area of the law that has been rarely explored in U.S. history.
The cases involved suits filed by Maryland and the District of Columbia, and high-end restaurants and hotels in New York and Washington, D.C., that “found themselves in the unenviable position of having to compete with businesses owned by the President of the United States.”
The suits sought financial records showing how much state and foreign governments have paid the Trump Organization to stay and eat at Trump-owned properties.
The cases never reached the point where any records had to be turned over. But Karl Racine and Brian Frosh, the attorneys general of Washington, D.C., and Maryland, respectively, said in a joint statement that a ruling by a federal judge in Maryland that went against Trump “will serve as precedent that will help stop anyone else from using the presidency or other federal office for personal financial gain the way that President Trump has over the past four years.”
Other cases involving Trump remain before the Supreme Court, or in lower courts.
Trump is trying to block the Manhattan district attorney ’s enforcement of a subpoena for his tax returns, part of a criminal investigation into the president and his businesses. Lower courts are weighing congressional subpoenas for Trump’s financial records. And the justices also have before them Trump’s appeal of a decision forbidding him from blocking critics on his Twitter account. Like the emoluments cases, Trump’s appeal would seem to be moot now that he is out of office and also had his Twitter account suspended.
Republican senators and some legal scholars have said that Trump’s impeachment trial in the Senate cannot proceed now that he is once again a private citizen. But many scholars have said that Trump’s return to private life poses no impediment to an impeachment trial. |
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Appeals court OKs convictions in college basketball scandal
Court Watch |
2021/01/17 20:13
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A federal appeals court in New York on Friday upheld convictions against a sports marketer, an aspiring agent and a financial adviser in a college basketball scandal that spoiled the careers of several coaches and left a stain on the integrity of college athletics.
The 2nd U.S. Circuit Court of Appeals in Manhattan said in its written decision that it was not adequate for the defendants to argue that their actions mirrored what was commonly done in college basketball programs and that their aim was to help universities, rather than harm.
“The ends, however, do not justify the means, and that others are engaging in improper behavior does not make it lawful,” the 2nd Circuit said in an opinion written by Judge Denny Chin.
The convictions grew from the 2017 arrests of 10 individuals in what authorities described as a conspiracy to pay bribes to the families of young players to ensure NBA-bound college basketball stars would pledge allegiance to certain agents and handlers or attend certain schools.
The appeal stemmed from the convictions of former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code. They were convicted of conspiracy to commit wire fraud for funneling money and recruits to Louisville and Kansas.
Dawkins and Code were convicted at a second trial on a single conspiracy count but acquitted of some other charges.
At trial, the men acknowledged that their actions violated NCAA rules and the official policies of the universities, but they also maintained that the universities quietly welcomed the secret payments as long as they could pretend they knew nothing of them.
Other defendants pleaded guilty to charges or cooperated with prosecutors rather than go to trial, including four former assistant basketball coaches who pleaded guilty to bribery conspiracy. Prison sentences in the case were relatively short.
In ruling, the three-judge appeals panel noted that the defendants argued that they should not have been convicted because they did not have fraudulent intent since their scheme was designed to help the schools recruit top-tier players.
Circuit Judge Gerard E. Lynch offered a partial dissent, saying he would have rejected some charges on grounds that evidence of some phone calls the defendants wanted to show jurors was unjustly disqualified. |
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Louisiana Supreme Court has a new chief justice, John Weimer
Court Watch |
2021/01/10 11:53
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The Louisiana Supreme Court has a new chief justice. John Weimer, 66, of Thibodaux, took the oath of office this month as the state’s 26th chief justice. A ceremony marking his investiture was held in New Orleans on Thursday. Weimer fills the seat vacated by Bernette Joshua Johnson, who retired Dec. 31 after serving 26 years on the high court.
“I feel a profound sense of humility and the recognition of the obligation of service,” Weimer said. “I have served with three chief justices who have made their mark on the judiciary in special ways … I have learned much from each of them, and I promise to work hard to be dedicated to the principles of impartiality, independence and fairness while pursuing justice and acting with integrity just as my predecessors did.”
The Courier reports that Gov. John Bel Edwards, who spoke at Thursday’s ceremony, said Weimer is becoming Louisiana’s highest jurist during one of history’s most difficult periods, with a global pandemic raging.
“John Weimer is the right person to lead this court during these challenging times,” the Democratic governor said.
The new chief justice rose quickly through judicial ranks. Weimer became a state district judge for the 17th District in Thibodaux in 1995, before being elected to Louisiana’s 1st Circuit Court of Appeal in 1998. He was elected to the state Supreme Court in 2001 during a special election. He was re-elected to 10-year terms without opposition in 2002 and 2012.
Weimer ran as a Democrat through 2002, but without party affiliation in 2012.
His Supreme Court district includes Terrebonne, Lafourche, Assumption, Iberia, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin and St. Mary parishes and part of Jefferson Parish.
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Republicans condemn 'scheme' to undo election for Trump
Court Watch |
2021/01/05 14:20
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The unprecedented Republican effort to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden's win and keep President Donald Trump in office is undermining Americans’ faith in democracy.
Trump has enlisted support from a dozen Republican senators and up to 100 House Republicans to challenge the Electoral College vote when Congress convenes in a joint session to confirm President-elect Joe Biden’s 306-232 win.
With Biden set to be inaugurated Jan. 20, Trump is intensifying efforts to prevent the traditional transfer of power, ripping the party apart.
Despite Trump's claims of voter fraud, state officials have insisted the elections ran smoothly and there was no evidence of fraud or other problems that would change the outcome. The states have certified their results as fair and valid. Of the more than 50 lawsuits the president and his allies have filed challenging election results, nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court.
On a call disclosed Sunday, Trump can be heard pressuring Georgia officials to “find” him more votes.
But some senior lawmakers, including prominent Republicans, are pushing back.
“The 2020 election is over,” said a statement Sunday from a bipartisan group of 10 senators, including Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Mitt Romney of Utah.
The senators wrote that further attempts to cast doubt on the election are “contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results.”
Republican Gov. Larry Hogan of Maryland said, “The scheme by members of Congress to reject the certification of the presidential election makes a mockery of our system and who we are as Americans.”
Former House Speaker Paul Ryan, a Republican, said in a statement that “Biden’s victory is entirely legitimate" and that efforts to sow doubt about the election “strike at the foundation of our republic.”
Rep. Liz Cheney of Wyoming, the third-ranking House Republican, warned in a memo to colleagues that objections to the Electoral College results “set an exceptionally dangerous precedent.”
One of the more outspoken conservatives in Congress, Arkansas Republican Sen. Tom Cotton, said he will not oppose the counting of certified electoral votes on Jan. 6. "I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term?it will only embolden those Democrats who want to erode further our system of constitutional government.”
Cotton said he favors further investigation of any election problems, separate from the counting of the certified Electoral College results. |
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Turkish court convicts former editor on terror charges
Court Watch |
2020/12/24 13:51
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A Turkish court on Wednesday convicted the former editor-in-chief of opposition newspaper Cumhuriyet on espionage and terror-related charges over a 2015 news story, a verdict the exiled journalist said exemplified the pressures on Turkish media.
The court in Istanbul found Can Dundar guilty of “obtaining secret documents for espionage” and “knowingly and willingly aiding a terrorist organization without being a member.” It sentenced him to 27 1/2 years in prison.
Dundar fled to Germany in 2016, and he was tried in absentia. His lawyers said the proceedings did not adhere to the standards for a fair trial and judicial impartiality, and they did not attend Wednesday’s court hearing in protest.
In an interview with The Associated Press at his Berlin office, Dundar called the verdict “a personal decision by the president of Turkey to deter the journalists writing against him.”
Dundar was first charged in 2015 and tried and convicted in 2016 for a Cumhuriyet article that accused Turkey’s intelligence service of illegally sending weapons to Syria. Wednesday’s verdict came in his retrial.
The story featured a 2014 video that showed men in police uniforms and civilian clothing unscrewing bolts to open trucks and unpacking boxes. Later images showed trucks full of mortar rounds. The AP cannot confirm the authenticity of the video.
The news report claimed that Turkish intelligence service and President Recep Tayyip Erdogan did not allow a prosecutor to pursue an investigation into arms smuggling.
The story infuriated Erdogan, who said the trucks carried aid to Turkmen groups in Syria and that Dundar would “pay a high price.” Cumhuriyet’s Ankara bureau chief, Erdem Gul. also faced criminal charges in the first trial.
Turkey later intervened directly in the Syrian civil war, launching four cross-border operations.
Reporters Without Borders ranked Turkey 154th out of 180 countries in its 2020 Press Freedom Index. Dundar said the trial verdict could have a further chilling effect.
“The problem is there is a cloud of fear over the country, so those decisions may deter some journalists in Turkey to write against the government, to write about the truth,” he said.
“There are still brave journalists defending the truth in Turkey, but I hope the world will see much better now what kind of government we are struggling against,” he added.
German Foreign Minister Heiko Maas tweeted: “The decision against Can Dundar is a heavy blow against independent journalistic work in Turkey.”
“Journalism is an indispensable service to society, including and especially when it takes a critical view of what those in government are doing,” he said.
Dundar was accused of aiding the network of U.S.-based Fethullah Gulen, a Muslim cleric whom the Turkish government accuses of masterminding a failed 2016 coup. Gulen denies the allegations and remains in Pennsylvania.
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Supreme Court rejects Republican attack on Biden victory
Court Watch |
2020/12/12 18:52
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The Supreme Court has rejected a lawsuit backed by President Donald Trump to overturn Joe Biden’s election victory, ending a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court and subvert the will of voters.
Trump bemoaned the decision late Friday, tweeting: “The Supreme Court really let us down. No Wisdom, No Courage!”
The high court’s order earlier Friday was a stark repudiation of a legal claim that was widely regarded as dubious, yet embraced by the president, 19 Republican state attorneys general and 126 House Republicans.
Trump had insisted the court would find the “wisdom” and “courage” to adopt his baseless position that the election was the product of widespread fraud and should be overturned. But the nation’s highest court emphatically disagreed.
Friday’s order marked the second time this week that the court had rebuffed Republican requests that it get involved in the 2020 election outcome and reject the voters’ choice, as expressed in an election regarded by both Republican and Democratic officials as free and fair. The justices turned away an appeal from Pennsylvania Republicans on Tuesday.
On Monday, the Electoral College meets to formally elect Biden as the next president. Trump had called the lawsuit filed by Texas against Georgia, Michigan, Pennsylvania and Wisconsin “the big one” that would end with the Supreme Court undoing Biden’s substantial Electoral College majority and allowing Trump to serve another four years in the White House.
In a brief order, the court said Texas does not have the legal right to sue those states because it “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”
Justices Samuel Alito and Clarence Thomas, who have said previously the court does not have the authority to turn away lawsuits between states, said they would have heard Texas’ complaint. But they would not have done as Texas wanted — setting aside those four states’ 62 electoral votes for Biden — pending resolution of the lawsuit.
Trump complained that “within a flash,” the lawsuit was “thrown out and gone, without even looking at the many reasons it was brought. A Rigged Election, fight on!”
Three Trump appointees sit on the high court. In his push to get the most recent of his nominees, Justice Amy Coney Barrett, confirmed quickly, Trump said she would be needed for any post-election lawsuits. Barrett appears to have participated in both cases this week. None of the Trump appointees noted a dissent in either case.
The four states sued by Texas had urged the court to reject the case as meritless. They were backed by another 22 states and the District of Columbia.
Republican support for the lawsuit and its call to throw out millions of votes in four battleground states was rooted in baseless claims of fraud, an extraordinary display of the party’s willingness to countermand the will of voters. House Republican Leader Kevin McCarthy of California and Minority Whip Steve Scalise of Louisiana were among those joining to support the action.
“The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters,” House Speaker Nancy Pelosi said Friday night.
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