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US presses ahead with border wall in court despite shutdown
Legal Interview |
2019/01/18 22:58
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A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.
The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.
According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.
The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”
Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”
U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.
Efren Olivares, a lawyer for the Texas Civil Rights Project, accused the government of being “fixated” on a border wall at the expense of other matters.
“As someone who is also handling family reunification cases in which government lawyers are telling us they can’t do anything to help us because of the government shutdown, it’s extremely upsetting and frustrating,” he said.
The case that led to Tuesday’s hearing was opened 11 years ago, during the last major effort to build border barriers under the Secure Fence Act. It involves a chunk of land in Los Ebanos, a town of roughly 300 people situated along a bend in the Rio Grande, the river separating the U.S. and Mexico in Texas.
Olivares said the U.S. government already obtained the land it sought from the landowner, Pamela Rivas, but both sides haven’t agreed yet on compensation.
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Congo court poised to rule on presidential vote challenge
Headline Legal News |
2019/01/16 22:59
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Congo's constitutional court is poised to rule on a challenge to the presidential election, with the government on Friday dismissing an unprecedented request by the African Union continental body to delay releasing the final results because of "serious doubts" about the vote.
Upholding the official results could spark new violence in a country hoping for its first peaceful, democratic transfer of power since independence in 1960. At least 34 people have been killed since provisional results were released on Jan. 10, the United Nations said.
The AU on Monday will send a high-level delegation to Congo to address the crisis in the vast Central African nation rich in the minerals key to smartphones and electric cars around the world. Its neighbors are concerned that unrest could spill across borders.
Congo government spokesman Lambert Mende called the matter one for the country's judicial bodies, and "the independence of our judiciary is no problem."
The declared runner-up in the Dec. 30 election, Martin Fayulu, has requested a recount, alleging fraud. He asserts that Congo's electoral commission published provisional results wildly different from those obtained at polling stations.
Fayulu welcomed the AU's stance and urged Congolese to support it.
Congo faces the extraordinary accusation of an election allegedly rigged in favor of the opposition. Fayulu's supporters have asserted that outgoing President Joseph Kabila made a backroom deal with the declared winner, Felix Tshisekedi, when the ruling party's candidate did poorly. |
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Model in Russian court apologizes for US election claim
Attorney Opinions |
2019/01/15 22:59
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A Belarusian model and self-styled sex instructor who last year claimed to have evidence of Russian interference in the 2016 U.S. presidential election said Saturday that she apologizes to a Russian tycoon for the claim and won't say more about the matter.
Anastasia Vashukevich made the statement in a Moscow court that was considering whether to keep her in jail as she faces charges of inducement to prostitution. The court extended her detention for three more days.
Vashukevich's statement appears to head off any chance of her speaking to U.S. investigators looking into possible collusion between Russia and President Donald Trump's campaign.
Vashukevich, who goes by the name Nastya Rybka on social media, was arrested in Thailand last February on prostitution charges. She and several others were arrested in connection with a sex training seminar they were holding in Thailand.
After her arrest she claimed she had audio tapes of Russian tycoon Oleg Deripaska, who is close to President Vladimir Putin, talking about interference in the U.S. election.
She had shot to world attention a few weeks earlier when a Russian opposition leader published an investigation based on her social media posts that suggested corrupt links between Deripaska and Deputy Prime Minister Sergei Prikhodko. The report featured video from Deripaska's yacht in 2016, when Vashukevich says she was having an affair with him.
She was deported from Thailand on Thursday after pleading guilty and was detained when her flight arrived in Moscow, along with three other deportees including mentor Alexander Kirillov.
She told journalists in the Moscow court that she has apologized to Deripaska and says "I will no longer compromise him."
Deripaska is among the Russian tycoons and officials who have been sanctioned in recent years by the United States in connection with Russia's 2014 annexation of Crimea. His business empire includes aluminum, energy and construction assets.
He also once was a client of Paul Manafort, the former campaign manager for Trump. Manafort was convicted last year in the United States of tax and bank fraud. |
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Guatemala court blocks president's expulsion of UN team
Court Line News |
2019/01/12 15:30
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Guatemala's highest court issued a ruling Wednesday blocking President Jimmy Morales' decision to unilaterally end a U.N. anti-corruption commission.
The commission, known by its Spanish initials as CICIG, has angered Morales by investigating him, his sons and his brother on accusations of corruption, which they deny.
Guatemala's Constitutional Court overruled Morales' decision after all-night deliberations on five appeals against the president's cancellation of the agreement with the United Nations.
Morales has argued the commission had violated Guatemala's sovereignty and violated the rights of suspects.
Given the government's refusal to guarantee the commission's security, the U.N. has withdrawn the comission's members
The court has tussled with Morales before over the commission, though he has sometimes tried to ignore its rulings. The court has said the commission's mandate is valid through 2019.
Guatemala's human rights prosecutor, Jordan Rodas, said Morales' administration has to obey the new ruling.
"The government is under obligation to comply," said Rodas, who presented one of the appeals to the court. "If it doesn't obey, that is a whole other matter, and would constitute a coup, because the cornerstone of the rule of law is respect for the judicial branch."
During its 11 years operating in Guatemala, CICIG has pressed corruption cases that have implicated some 680 people, including top elected officials, businesspeople and bureaucrats. The commission said in November that it has won 310 convictions and broken up 60 criminal networks. |
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Court: State, governor can't be sued over public defenders
Lawyer Media News |
2019/01/12 15:19
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Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.
American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.
The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.
The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.
“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.
Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial. |
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Congo runner-up Fayulu asks court to order election recount
Attorney News |
2019/01/11 15:29
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Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."
He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.
"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.
Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."
Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.
The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country.
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