|
|
|
South Korean court acquits former police chief over deadly crowd crush
Headline Legal News |
2024/10/18 06:20
|
A South Korean court found the former police chief of the country’s capital and two other officers not guilty over a botched response to a Halloween crowd crush that killed nearly 160 people in 2022.
The verdict by the Seoul Western District Court drew angry responses from grieving relatives and their advocates, who accused the court of refusing to hold high-level officials accountable for an incident that was largely blamed on a lack of disaster planning and an inadequate emergency response.
Kim Kwang-ho, former chief of the Seoul Metropolitan Police Agency, was the most senior police officer among more than 20 police and government officials indicted over the crush in Itaewon, a popular nightlife district in Seoul. Prosecutors had sought a five-year prison term for Kim.
An investigation led by the National Police Agency found that police and local officials failed to plan effective crowd control measures even though they expected more than 100,000 people to gather for Halloween events in Itaewon.
The investigators found that Seoul police assigned just 137 officers to Itaewon on the day of the crush. Police also ignored hotline calls placed by pedestrians who warned of swelling crowds before the surge turned deadly. Once people began getting crushed in an alley near Hamilton Hotel, police failed to establish control over the site and allow paramedics to reach the injured in time.
Some experts have called the crush a “manmade disaster” that could have been prevented with relatively simple steps like employing more police and public workers to monitor bottleneck points, enforcing one-way walking lanes, and blocking narrow pathways.
The Seoul court acquitted Kim of professional negligence, saying that prosecutors failed to prove that he had violated his duties or to establish a connection between his conduct and the high toll of deaths and injuries. The court also acquitted two lower-ranking police officers who faced similar charges.
The court stated that while Kim received status updates from various departments in his agency and the Yongsan police station about the situation in Itaewon before the crush on Oct. 29, 2022, this information would not have been sufficient for him to recognize the possibility of an incident of such magnitude.
The court also noted that Kim had instructed various police stations in Seoul, including Yongsan, to establish plans to maintain safety during Halloween celebrations.
“Based solely on evidence submitted by prosecutors, it’s insufficient to conclude that the defendants’ professional negligence and its relationship to the occurrence or escalation of this incident are fully established beyond reasonable doubt,” the court said in a statement. Relatives of the victims embraced and cried outside the court after the verdict was announced.
“This court just granted immunity to the police for whenever these kinds of incidents happen again!” one of them shouted. Others scuffled with security as they tried to approach Kim’s car as he left the court.
Itaewon Disaster Bereaved Families, a group representing the victims, said the ruling was “dishonest” and “impossible to understand” and called for prosecutors to appeal.
“We strongly condemn that the main officials of the Seoul Metropolitan Police Agency, who ignored their duties for prevention, preparation and response despite anticipating that a large crowd would develop, and who have been denying their responsibility until now, are being given a free pass,” the group said.
The same court last month sentenced the former chief of Yongsan police station, Lee Im-jae, to three years in prison and convicted two of his colleagues of professional negligence resulting in death, citing their failure to properly prepare for the crowd and respond to the crush.
The court acquitted Park Hee-young, head of the Yongsan ward office, and three other ward officials, saying that they had no legal authority to control or break up crowds.
Lee and another Yongsan police official who received a one-year sentence appealed the ruling earlier this month. The other police official had received a suspended sentence.
|
|
|
|
|
|
|
North Carolina appeals court blocks use of UNC's digital ID for voting
Headline Legal News |
2024/09/27 09:20
|
A North Carolina appeals court on Friday blocked students and employees at the state's flagship public university from providing a digital identification produced by the school when voting to comply with a new photo ID mandate.
The decision by a three-judge panel of the intermediate-level Court of Appeals reverses at least temporarily last month's decision by the State Board of Elections that the mobile ID generated by the University of North Carolina at Chapel Hill met security and photo requirements in the law and could be used.
The Republican National Committee and state Republican Party sued to overturn the decision by the Democratic-majority board earlier this month, saying the law allows only physical ID cards to be approved. Superior Court Judge Keith Gregory last week denied a temporary restraining order to halt its use. The Republicans appealed.
Friday's order didn't include the names of the three judges who considered the Republicans' requests and who unanimously ordered the elections board not to accept the mobile UNC One Card for casting a ballot this fall. The court releases the judges' names later. Eleven of the court's 15 judges are registered Republicans.
The order also didn't give the legal reasoning to grant the GOP's requests, although it mentioned a board memo that otherwise prohibits other images of physical IDs — like those copied or photographed — from qualifying.
In court briefs, lawyers for the RNC and N.C. GOP said refusing to block the ID's use temporarily would upend the status quo for the November election — in which otherwise only physical cards are accepted — and could result in ineligible voters casting ballots through manipulating the electronic card.
North Carolina GOP spokesperson Matt Mercer said Friday's decision "will ensure election integrity and adherence to state law."
The Democratic National Committee and a UNC student group who joined the case said the board rightly determined that the digital ID met the requirements set in state law. The DNC attorneys wrote that preventing its use could confuse or even disenfranchise up to 40,000 people who work or attend the school so close to the election.
North Carolina is considered a presidential battleground state where statewide races are often close.
Friday's ruling could be appealed to the state Supreme Court. A lawyer for the DNC referred questions to a spokesperson for Kamala Harris' campaign who didn't immediately respond to a request for comment. A state board spokesperson also didn't immediately respond to a similar request.
Voters can still show photo IDs from several broad categories, including their driver's license, passport and military IDs. The board also has approved over 130 types of traditional student and employee IDs.
The mobile UNC One Card marked the first such ID posted from someone's smartphone that the board has approved. Only the mobile ID credentials on Apple phones qualified.
The mobile UNC One Card is now the default ID card issued on campus, although students and permanent employees can still obtain a physical card instead for a small fee. The school said recently it would create physical cards at no charge for those who received a digital ID but want the physical card for voting.
The Republican-dominated North Carolina legislature enacted a voter ID law in late 2018, but legal challenges prevented the mandate's implementation until municipal elections in 2023. Infrequent voters will meet the qualifications for the first time this fall. Voters who lack an ID can fill out an exception form.
Early in-person voting begins Oct. 17, and absentee ballots are now being distributed to those requesting them. Absentee voters also must provide a copy of an ID or fill out the exception form.
|
|
|
|
|
|
|
A court in Argentina orders the arrest of Venezuela’s president
Headline Legal News |
2024/09/24 06:38
|
A federal court in Argentina on Monday ordered the “immediate” arrest of Venezuelan President Nicolás Maduro and Interior Minister Diosdado Cabello for alleged crimes against humanity committed against dissidents.
The court order came in response to an appeal by Argentine prosecutor Carlos Stornelli after a previous ruling dismissed the complaint against both Venezuelan leaders.
Federal court members Pablo Bertuzzi, Leopoldo Bruglia and Mariano Llorens ordered that “the arrest warrants for Nicolás Maduro and Diosdado Cabello be executed immediately, and that their international arrest should be ordered via Interpol for the purposes of extradition to the Argentine Republic,” according to the resolution.
The order comes hours after Venezuela’s Supreme Court issued an arrest warrant for Argentina’s President Javier Milei amid a controversy between the two countries over the detention in Argentine territory — and delivery to the United States — of a cargo plane that Washington says was sold by a sanctioned Iranian airline to a Venezuelan state-owned company.
The tit-for-tat heightens the tensions between Venezuela and Argentina that have been brewing since far-right Milei assumed power in December and that has led to a breakdown in diplomatic relations.
The case against Maduro and his right-hand man was brought before the Argentine courts by the Argentine Forum for Democracy in the Region, FADER, in early 2023, taking into account Argentina’s jurisprudence on human rights and the principle of universal jurisdiction that allows action to be taken against crimes against humanity, even if they have been committed outside its borders.
According to the plaintiffs, a systematic plan of repression, forced disappearance of persons, torture, homicides and persecution against dissidents has been in place in Venezuela since 2014. |
|
|
|
|
|
|
Arkansas Supreme Court upholds rejection of abortion ballot measure
Headline Legal News |
2024/08/22 15:21
|
The Arkansas Supreme Court upheld the state’s rejection of signature petitions for an abortion rights ballot initiative on Thursday, keeping the proposal from going before voters in November.
READ MORE: Arkansas election officials reject petitions submitted to put abortion rights on 2024 ballot
The ruling dashed the hopes of organizers, who submitted the petitions, of getting the constitutional amendment measure on the ballot in the predominantly Republican state, where many top leaders tout their opposition to abortion.
Election officials said Arkansans for Limited Government, the group behind the measure, did not properly submit documentation regarding the signature gatherers it hired. The group disputed that assertion and argued it should have been given more time to provide any additional documents needed.
“We find that the Secretary correctly refused to count the signatures collected by paid canvassers because the sponsor failed to file the paid canvasser training certification,” the court said in a 4-3 ruling.
Following the U.S. Supreme Court’s 2022 decision removing the nationwide right to abortion, there has been a push to have voters decide the matter state by state.
Arkansas currently bans abortion at any time during a pregnancy, unless the woman’s life is endangered due to a medical emergency.
The proposed amendment would have prohibited laws banning abortion in the first 20 weeks of gestation and allowed the procedure later on in cases of rape, incest, threats to the woman’s health or life, or if the fetus would be unlikely to survive birth. It would not have created a constitutional right to abortion.
The ballot proposal lacked support from national abortion rights groups such as Planned Parenthood because it would still have allowed abortion to be banned after 20 weeks, which is earlier than other states where it remains legal.
Had they all been verified, the more than 101,000 signatures, submitted on the state’s July 5 deadline, would have been enough to qualify for the ballot. The threshold was 90,704 signatures from registered voters, and from a minimum of 50 counties.
In a earlier filing with the court, election officials said that 87,675 of the signatures submitted were collected by volunteers with the campaign. Election officials said it could not determine whether 912 of the signatures came from volunteer or paid canvassers.
Arkansans for Limited Government and election officials disagreed over whether the petitions complied with a 2013 state law requiring campaigns to submit statements identifying each paid canvasser by name and confirming that rules for gathering signatures were explained to them.
Supporters of the measure said they followed the law with their documentation, including affidavits identifying each paid gatherer. They have also argued the abortion petitions are being handled differently than other initiative campaigns this year, pointing to similar filings by two other groups.
State records show that the abortion campaign did submit, on June 27, a signed affidavit including a list of paid canvassers and a statement saying the petition rules had been explained to them. Moreover, the July 5 submission included affidavits from each paid worker acknowledging that the group provided them with all the rules and regulations required by law.
The state argued in court that this documentation did not comply because it was not signed by someone with the canvassing company rather than the initiative campaign itself. The state said the statement also needed to be submitted alongside the petitions.
|
|
|
|
|
|
|
Former Rep. George Santos pleads guilty in federal fraud case
Headline Legal News |
2024/08/20 13:56
|
George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment.
Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial.
“I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom.
Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution.
Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7.
Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working.
Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit.
The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members.
Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022.
But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography.
New questions then emerged about his campaign funds.
He was first indicted on federal charges in May 2023, but refused to resign from office.
Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.”
Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.”
Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use.
Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year. |
|
|
|
|
|
|
Biden unveils a proposal to establish term limits for the Supreme Court
Headline Legal News |
2024/07/27 21:57
|
President Joe Biden has unveiled a long-awaited proposal for changes at the U.S. Supreme Court, calling on Congress to establish term limits and an enforceable ethics code for the court’s nine justices. He’s also pressing lawmakers to ratify a constitutional amendment limiting presidential immunity.
The White House on Monday detailed the contours of Biden’s court proposal, one that appears to have little chance of being approved by a closely divided Congress with just 99 days to go before Election Day.
Still, Democrats hope it’ll help focus voters as they consider their choices in a tight election. The likely Democratic nominee, Vice President Kamala Harris, who has sought to frame her race against Republican ex-President Donald Trump as “a choice between freedom and chaos,” quickly endorsed the Biden proposal. She added that the changes are needed because “there is a clear crisis of confidence facing the Supreme Court.”
The White House is looking to tap into the growing outrage among Democrats about the court, which has a 6-3 conservative majority, issuing opinions that overturned landmark decisions on abortion rights and federal regulatory powers that stood for decades.
Liberals also have expressed dismay over revelations about what they say are questionable relationships and decisions by some members of the conservative wing of the court that suggest their impartiality is compromised.
“I have great respect for our institutions and separation of powers,” Biden argues in a Washington Post op-ed published Monday. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
Harris later issued a statement saying the American people must have confidence in a Supreme Court blighted by ethics scandals and decisions overturning long-standing precedent. She said the reforms being proposed “will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.”
The president planned to speak about his proposal later Monday during an address at the LBJ Presidential Library in Austin, Texas, to mark the 60th anniversary of the Civil Rights Act.
Biden is calling for doing away with lifetime appointments to the court. He says Congress should pass legislation to establish a system in which the sitting president would appoint a justice every two years to spend 18 years in service on the court. He argues term limits would help ensure that court membership changes with some regularity and adds a measure of predictability to the nomination process.
He also wants Congress to pass legislation establishing a court code of ethics that would require justices to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest.
|
|
|
|
|
|
Legal News RSS Feed
