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Appeals court halts House interview with ex-Trump prosecutor
Court Line News | 2023/04/21 21:45
A federal appeals court has temporarily blocked House Republicans from questioning a former Manhattan prosecutor about the criminal case against ex-President Donald Trump, the latest twist in a legal battle between Manhattan District Attorney Alvin Bragg’s office and the House Judiciary Committee.

The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee’s subpoena to former prosecutor Mark Pomerantz. Committee chair Rep. Jim Jordan, an Ohio Republican, had sought to question him Thursday.

In issuing the stay, Judge Beth Robinson noted that her order “reflects no judgment regarding the merits” of the case. A three-judge panel will ultimately weigh whether to uphold or overturn the lower-court’s decision. Robinson, a Biden appointee, set an aggressive briefing schedule, ordering Bragg’s office to file court papers detailing its appeal by Friday and for the Judiciary Committee to submit its response by Saturday.

Bragg’s office appealed to the 2nd Circuit hours after U.S. District Judge Mary Kay Vyskocil rejected his request for a temporary restraining order, ruling Wednesday that Jordan had a valid legislative purpose in issuing the subpoena.



Supreme Court asked to preserve abortion pill access rules
Court Line News | 2023/04/09 22:39
The Biden administration and a drug manufacturer asked the Supreme Court on Friday to preserve access to an abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues.

The Justice Department and Danco Laboratories both warned of “regulatory chaos” and harm to women if the high court doesn’t block an appeals court ruling in a case from Texas that had the effect of tightening Food and Drug Administration rules under which the drug, mifepristone, can be prescribed and dispensed.

The new limits would take effect Saturday unless the court acts before then.

“This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone,” Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, wrote Friday, less than two days after the appellate ruling.

A lawyer for the anti-abortion doctors and medical organizations suing over mifepristone said the justices should reject the drugmaker’s and the administration’s pleas and allow the appeals court-ordered changes to take effect.

The fight over mifepristone lands at the Supreme Court less than a year after conservative justices reversed Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.



Court: Ukraine can try to avoid repaying $3B loan to Russia
Court Line News | 2023/03/15 14:27
The U.K. Supreme Court ruled Wednesday that Ukraine can go to trial to try to avoid repaying $3 billion in loans it said it took under pressure from Russia in 2013 to prevent it from trying to join the European Union.

The court rejected an attempt to avoid a trial by a British company acting on Russia’s behalf to collect the loans. Ukraine said it borrowed the money while facing the threat of military force and massive illegal economic and political pressure nearly a decade before Russia invaded its neighbor.

Ukrainian President Volodymyr Zelenskyy tweeted that the ruling was “another decisive victory against the aggressor.”

“The Court has ruled that Ukraine’s defense based on Russia’s threats of aggression will have a full public trial,” he tweeted. “Justice will be ours.”

The case was argued in November 2021, and the court was not asked to consider Russia’s invasion of Ukraine three months later.

Ukrainian authorities allege that the corrupt government of pro-Russian Ukrainian President Viktor Yanukovych borrowed the money from Moscow under pressure before he was ousted in protests in February 2014, shortly before Russia illegally annexed Ukraine’s Crimea peninsula.

After the 2014 Ukraine revolution, the country’s new government refused to repay the debt in December 2015, saying Moscow wouldn’t agree to terms already accepted by other international creditors.

The case came to British courts because London-based Law Debenture Trust Corp. had been appointed by Ukraine to represent the interests of bondholders. The company initially won a judgment to avoid trial but Ukraine appealed.

The Supreme Court rejected several of Ukraine’s legal arguments, including that its finance minister didn’t have authority to enter into the loan agreement and that Ukraine could decline payment as a countermeasure to Russia’s aggressions.

The ruling, however, said a court could consider whether the deal was void because of threats or pressure that are illegitimate under English law.

While the court noted that trade sanctions, embargoes and other economic pressures are “normal aspects of statecraft,” economic pressures could provide context to prove that Russia’s threats to destroy Ukraine caused it to issue the bonds.


Military police enforce driving ban in snow-stricken Buffalo
Court Line News | 2022/12/27 09:52
State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.

Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.

“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.

The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.

The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.


Former Nazi camp secretary voices regret, seeks acquittal
Court Line News | 2022/12/06 14:30
Lawyers for a 97-year-old former secretary to the SS commander of Nazi Germany’s Stutthof concentration camp asked Tuesday for their client to be acquitted, arguing that she didn’t know about the atrocities committed at the camp located in what is now northern Poland.

Irmgard Furchner has been on trial for over a year at the Itzehoe state court in northern Germany. In her closing statement, Furchner said she was sorry for what had happened and regretted that she had been there at the time, according to a court spokesman.

Her lawyers requested her acquittal, arguing that the evidence hadn’t shown beyond doubt that Furchner knew about the systematic killings at the camp, meaning there was no proof of intent as required for criminal liability.

Prosecutors accused Furchner of being part of the apparatus that helped the Nazis’ Stutthof camp function during World War II. In their closing arguments last month, they called for her to be convicted as an accessory to murder and given a two-year suspended sentence.

Tens of thousands of people died at Stutthof and its satellite camps, or on death marches at the end of World War II.

Furchner, who made headlines last year when she absconded from trial, is being tried in juvenile court because she was under 21 at the time of the alleged crimes.

The court said a verdict is expected on Dec. 20.


Montana vote adds to win streak for abortion rights backers
Court Line News | 2022/11/11 14:38
Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion.

The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters.

Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas.

Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories.

Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast.

The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion.

Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.


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