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California court invalidates law requiring Trump tax returns
Headline Legal News |
2019/11/21 11:55
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President Donald Trump does not have to disclose his tax returns to appear as a candidate on California’s primary ballot next spring, the state Supreme Court ruled unanimously Thursday.
The law, the first of its kind in the nation and aimed squarely at Trump, violates a specification of the state constitution calling for an “inclusive open presidential primary ballot,” the court said.
“Ultimately, it is the voters who must decide whether the refusal of a ‘recognized candidate throughout the nation or throughout California for the office of President of the United States’ to make such information available to the public will have consequences at the ballot box,” Chief Justice Tani Cantil-Sakauye wrote in the 7-0 decision.
Trump has broken with tradition among presidential candidates by refusing to disclose his financial information.
A U.S. judge had temporarily blocked the state law in response to a different lawsuit, and the high court ruled quickly because the deadline to file tax returns to get on the primary ballot is next week.
The state Republican Party and chairwoman Jessica Millan Patterson challenged the bill signed into law this year by Democratic Gov. Gavin Newsom because it singled out Trump. |
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EU court refers doubts on Polish judiciary to national court
Headline Legal News |
2019/11/19 19:01
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The European Union's top court ruled Tuesday that there are reasons to question the independence of a new judicial chamber in Poland that monitors and potentially punishes judges.
However, the European Court of Justice left it to Poland's highest court to determine whether the new Disciplinary Chamber is independent of influence from the nations' legislative and executive powers.
In Poland, both sides of the heated dispute around the ruling party's controversial changes to the country's judiciary declared victory upon hearing the verdict.
The head of the Supreme Court, Malgorzata Gersdorf, said the EU court clearly shared concerns over the new chamber, which is part of the Supreme Court. She vowed action aiming to "restore trust" in Poland's top court and its judicial bodies.
The right-wing government, however, said the ruling, which referred the matter back to Poland's judges, was a clear sign that the EU court believes it has no jurisdiction to assess the justice systems of member nations. Poland's ruling Law and Justice party has been voicing that opinion ever since it started to introduce changes to the judiciary when it took power in 2015.
The EU court's ruling also implied there are questions about the independence of another top body in Poland, the National Council of the Judiciary, which proposes judges for court positions, including on the Supreme Court, and is supposed to protect their independence.
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Trump wants Supreme Court to block subpoena for his taxes
Headline Legal News |
2019/11/13 18:58
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President Donald Trump is asking the Supreme Court to block a subpoena for his tax returns, in a test of the president’s ability to defy investigations.
The filing Thursday sets the stage for a high court showdown over the tax returns Trump has refused to release, unlike every other modern president. The justices also could weigh in more broadly on Trump’s claim that sitting presidents can’t be prosecuted or investigated for crimes.
The subpoena from the Manhattan district attorney is seeking Trump’s tax returns back to 2011 from his accounting firm as part of a criminal investigation. Trump’s lawyers say a criminal probe of the president at the state or local level is unconstitutional and unprecedented in American history.
“Allowing the sitting president to be targeted for criminal investigation and to be subpoenaed on that basis? would, like an indictment itself, distract him from the numerous and important duties of his office, intrude on and impair Executive Branch operations, and stigmatize the presidency,” said the brief signed by Jay Sekulow.
Lower courts have so far rejected Trump’s claims of immunity.
Trump wants the court to decide the case by late June, under a deal to keep the district attorney from enforcing the subpoena in the meantime. The justices may not decide whether to hear the case for at least another month. |
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Georgia Supreme Court overturns 2015 murder conviction
Headline Legal News |
2019/11/03 07:02
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Georgia's Supreme Court has overturned the murder convictions of a man found guilty of intentionally running over a woman with his car.
The Atlanta Journal-Constitution reports the court reversed 28-year-old Dewey Calhoun Green's 2015 malice and felony murder convictions on Thursday. The court said key witness testimony that may've affected the jury's verdict was excluded from trial. It's unclear whether the case will be retried.
Prosecutors previously argued that Green rear-ended 53-year-old Janice Pitts' SUV before backing up and intentionally running her over as she surveyed the damage.
The newspaper reports an accident reconstructionist who had planned on testifying the crash could've been unintentional wasn't permitted to take the stand because the defense didn't submit written reports of his opinions. The court now says he was erroneously barred from testifying. |
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EU Court slams Bosnia over 11-year election gap in Mostar
Headline Legal News |
2019/11/01 07:03
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The European Court of Human Rights has ruled in favor of a Bosnian politician who has sued the state because local elections in the central city of Mostar have not been held since 2008 over a legal problem.
The court in Strasbourg on Tuesday gave Bosnia-Herzegovina six months to amend the election laws so a vote can be held.
The deadlock in Mostar stems from the authorities' failure to enforce a 2010 decision by Bosnia's Constitutional Court. Mostar politician Irma Baralija has argued the legal void has prevented her from voting or running in a local election.
The court has rejected authorities' claim that the delay was caused by efforts to agree on a power-sharing formula. The case reflects political problems in ethnically-divided Bosnia following its devastating 1992-95 war.
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Wikileaks founder Julian Assange loses bid to delay hearing
Headline Legal News |
2019/10/21 20:35
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WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case.
Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused.
Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December.
Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back.
After the judge turned down his bid for a three-month delay, Assange said in halting tones he didn’t understand the events in court. |
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