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Donald Trump Jr. takes the witness stand in fraud trial
Court Line News | 2023/11/02 09:57
Donald Trump Jr. testified Wednesday that he never worked on his father’s financial statements, the documents now at the heart of the civil fraud trial that threatens former President Donald Trump’s real estate empire.

The ex-president’s eldest son is an executive vice president of the family’s Trump Organization and has been a trustee of a trust set up to hold its assets when his father was in the White House.

At least one of the annual financial statements bore language saying the trustees “are responsible” for the document. But Donald Trump Jr. said he didn’t recall ever working on any of the financial statements and had “no specific knowledge” of them.

The lawsuit centers on whether the former president and his business misled banks and insurers by inflating his net worth on the financial statements. He and other defendants, including sons Donald Jr. and Eric, deny wrongdoing.

Trump Jr. said he signed off on statements as a trustee, but had left the work to outside accountants and the company’s then-finance chief, Allen Weisselberg.

“As a trustee, I have an obligation to listen those who are expert — who have an expertise of these things,” he said.

“I wasn’t working on the document, but if they tell me that it’s accurate, based on their accounting assessment of all of the materials,” he said, “these people had an incredible intimate knowledge, and I relied on them.”

The first family member to testify, he is due to return to the stand Thursday. Next up will be his brother and fellow Trump Organization Executive Vice President Eric Trump and, on Monday, their father — the family patriarch, company founder, former president and 2024 Republican front-runner.

Daughter Ivanka, a former Trump Organization executive and White House adviser, is scheduled to take the stand Nov. 8. But her lawyers on Wednesday appealed Judge Arthur Engoron ‘s decision to require her testimony.

New York Attorney General Letitia James brought the lawsuit, alleging that Donald Trump, his company and top executives, including Eric and Donald Jr., conspired to exaggerate his wealth by billions of dollars on his financial statements. The documents were given to banks, insurers and others to secure loans and make deals.

The former president has called the case a “sham,” a “scam,” and “a continuation of the single greatest witch hunt of all time.”


Court upholds judge’s finding that Tesla acquisition of Solar City was fair
Court Line News | 2023/10/14 17:35
The Supreme Court on Monday ordered two internet sellers of gun parts to comply with a Biden administration regulation aimed at ghost guns, firearms that are difficult to trace because they lack serial numbers.

The court had intervened once before, by a 5-4 vote in August, to keep the regulation in effect after it had been invalidated by a lower court. No justice dissented publicly from Monday’s order, which followed a ruling from a federal judge in Texas that exempted the two companies, Blackhawk Manufacturing Group and Defense Distributed, from having to abide by the regulation of ghost gun kits.

Other makers of gun parts also had been seeking similar court orders, the administration told the Supreme Court in a filing.

“Absent relief from this Court, therefore, untraceable ghost guns will remain widely available to anyone with a computer and a credit card — no background check required,” Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer, wrote.

The regulation changed the definition of a firearm under federal law to include unfinished parts, like the frame of a handgun or the receiver of a long gun, so they can be tracked more easily. Those parts must be licensed and include serial numbers. Manufacturers must also run background checks before a sale - as they do with other commercially made firearms.

The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers.

The regulation will be in effect while the administration appeals the judge’s ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.


Biden’s second try at student loan cancellation moves forward with debate
Court Line News | 2023/10/10 12:40
President Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan.

In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June.

The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP.

In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education.

“Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.”

Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act.

The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt.


Ex-Catholic Cardinal McCarrick, age 93, found unfit to stand trial
Court Line News | 2023/08/31 14:16
The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.

McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.

During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.

“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.

McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.

The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.

McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.

In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.

At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him.


The initial online search spurring a raid on a Kansas paper was legal
Court Line News | 2023/08/21 15:15
The initial online search of a state website that led a central Kansas police chief to raid a local weekly newspaper was legal, a spokesperson for the agency that maintains the site said Monday, as the newspaper remains under investigation.

Earlier this month, after a local restaurant owner accused the Marion County Record of illegally accessing information about her, the Marion police chief obtained warrants to search the newspaper’s offices and the home of its publisher, as well as the home of a City Council member who also accessed the driver’s license database.

The police chief led the Aug. 11 raids and said in the affidavits used to obtain the warrants that he had probable cause to believe that the newspaper and the City Council member had violated state laws against identity theft or computer crimes.

Both the City Council member and the newspaper have said they received a copy of the document about the status of the restaurant owner’s license without soliciting it. The document disclosed the restaurant’s license number and her date of birth, information required to check the status of a person’s license online and gain access to a more complete driving record. The police chief maintains they broke state laws to do that, while the newspaper and Herbel’s attorneys say they didn’t.

The raid on the Record put it and its hometown of about 1,900 residents in the center of a debate about press freedoms protected by the First Amendment to the U.S. Constitution and Kansas’ Bill of Rights. It also exposed divisions in the town over local politics and the newspaper’s coverage of the community and put an intense spotlight on Police Chief Gideon Cody.

Department of Revenue spokesperson Zack Denney said it’s legal to access the driver’s license database online using information obtained independently. The department’s Division of Vehicles issues licenses.

“That’s legal,” he said. “The website is public facing, and anyone can use it.”

The Kansas Bureau of Investigation continues to probe the newspaper’s actions. The KBI reports to state Attorney General Kris Kobach, a Republican, while the Department of Revenue is under Democratic Gov. Laura Kelly’s authority.


McCarthy floats stopgap funding to prevent a government shutdown
Court Line News | 2023/08/16 13:55
Congressional leaders are pitching a stopgap government funding package to avoid a federal shutdown after next month, acknowledging the House and Senate are nowhere near agreement on spending levels to keep federal operations running.

House Speaker Kevin McCarthy raised the idea of a months-long funding package, known as a continuing resolution, to House Republicans on a members-only call Monday evening, according to those familiar with the private session and granted anonymity to discuss it.

On Tuesday, Senate Majority Leader Chuck Schumer said the two leaders had spoken about such a temporary measure. It would extend federal funding operations into December to allow more time to work on the annual spending bills.

“I thought it was a good thing that he recognized that we need a CR,” Schumer, D-N.Y., told reporters on a call. “We hope that our House Republicans will realize that any funding resolution has to be bipartisan or they will risk shutting down the government,” he said.

A stopgap measure that would keep government offices running past the Sept. 30 end of the fiscal year is a typical strategy while the Republican-held House and Democrat-held Senate try to iron out a long-term budget agreement. The government’s new fiscal year begins on Oct. 1, when funding approval is needed to avert closures of federal offices.

But this year, the task may prove more politically difficult. McCarthy will need to win over a large portion of his Republican colleagues to pass the stopgap bill or risk political blowback from staunch conservatives if he leaves them behind and cuts a bipartisan deal with Democrats.

Conservatives, including many from the House Freedom Caucus, are usually loathe to get behind short-term funding measures as they push for steeper spending cuts, using the threat of a shutdown as leverage.


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