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Trump faces tough road in getting Supreme Court to intervene
Legal News |
2020/11/07 10:18
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President Donald Trump has repeatedly said there’s one place he wants to determine the outcome of the presidential election: the U.S. Supreme Court. But he may have a difficult time ever getting there.
Over the last two days, Trump has leaned in to the idea that the high court should get involved in the election as it did in 2000. Then, the court effectively settled the contested election for President George W. Bush in a 5-4 decision that split the court’s liberals and conservatives.
Today, six members of the court are conservatives, including three nominated by Trump. But the outcome of this year’s election seemed to be shaping up very differently from 2000, when Florida’s electoral votes delivered the presidency to George W. Bush.
Then, Bush led in Florida and went to court to stop a recount. Trump, for his part, has suggested a strategy that would focus on multiple states where the winning margins appear to be slim. But he might have to persuade the Supreme Court to set aside votes in two or more states to prevent Joe Biden from becoming president.
Chief Justice John Roberts, for his part, is not likely to want the election to come down to himself and his colleagues. Roberts, who was not on the court for Bush v. Gore in 2000 but was a lawyer for Bush, has often tried to distance the court from the political branches of government and the politics he thinks could hurt the court’s reputation.
It’s also not clear what legal issues might cause the justices to step in. Trump has made repeated, unsubstantiated claims of election fraud. Lawsuits filed by his campaign so far have been small-scale efforts unlikely to affect many votes, and some already have been dismissed.
Still, Trump has focused on the high court. In the early morning hours following Election Day he said: “We’ll be going to the U.S. Supreme Court — we want all voting to stop.” And on Thursday, as Biden inched closer to the 270 Electoral College votes needed to win the White House, Trump again told Americans, “It’s going to end up, perhaps, at the highest court in the land, we’ll see.” On Twitter too he urged, “U.S. Supreme Court should decide!”
There is currently one election case at the Supreme Court and it involves a Republican appeal to exclude ballots that arrived after Election Day in the battleground state of Pennsylvania. But whether or not those ballots ultimately are counted seems unlikely to affect who gets the state’s electoral votes.
Biden opened a narrow lead over Trump on Friday, and any additional mail-in votes probably would help Biden, not the president.
Still, Trump’s campaign is currently trying to intervene in the case, an appeal of a decision by Pennsylvania’s highest court to allow three extra days for the receipt and counting of mailed ballots. Because the case is ongoing, the state’s top election official has directed that the small number of ballots that arrived in that window, before 5 p.m. Friday, be separated but counted. Republicans on Friday asked for a high court order ensuring the ballots are separated, and Justice Samuel Alito, acting on his own, agreed, saying he was motivated in part by the Republicans’ assertion that they can’t be sure elections officials are complying with guidance. |
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Texas AG taps investigator tied to donor’s defense attorney
Legal News |
2020/10/12 09:30
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When Texas’ attorney general needed someone to probe a claim by one of his wealthy political donors alleging crimes by the FBI, he turned to a junior Houston lawyer with no prosecutorial experience, a modest criminal defense practice and ties to the donor’s defense attorney.
Republican Attorney General Ken Paxton said his own staff had been working to “impede the investigation” into real estate developer Nate Paul’s allegations against federal law enforcement. He explained that’s why he brought in an “outside independent prosecutor” to look into the case.
The move led Paxton’s top deputies last week to accuse him of bribery and abuse of office. It’s unclear what underlies these allegations, and what would have recommended Brandon Cammack to handle the fraught investigation.
But Cammack’s contract shows he’s not independent of Paxton. And social media posts show Cammack and Paul’s defense attorney, Michael Wynne, are connected on Facebook and are both part of a Houston civics organization. The lawyers didn’t respond to questions about their connections.
Paxton’s choice of outside counsel raises further questions about a decision that has deepened political, and possibly legal, trouble for the attorney general. Paxton rose to national prominence during his time in office but also has spent most of it maintaining his innocence in the face of a felony indictment.
Cammack told Paxton’s staff in an early September email that “my firm does not have any conflicts of interest with regards to this investigation.” Paxton office did not respond to questions about the lawyer’s selection. The attorney general has resisted calls for his resignation and cast blame on “rogue employees and their false allegations.”
Cammack’s father said he thinks his son is being set up as a “scapegoat.”
“I think Paxton was looking for someone that could get beat up on. I think he might have been looking for an easy mark,” Samuel Cammack III said. “Brandon doesn’t even have the ability to do what Paxton was asking him to do.”
A 2015 University of Houston Law Center graduate, Cammack is being paid $300 an hour to look into the complaint from Paul, who gave Paxton a $25,000 campaign contribution in 2018. It’s unclear what the developer has alleged, but his claims came to light a year after the FBI searched his home and office. |
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Court blocks extension of Wisconsin absentee ballot deadline
Legal News |
2020/10/08 20:35
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A federal appeals court on Thursday blocked a decision to extend the deadline for counting absentee ballots by six days in battleground Wisconsin, in a win for Republicans who have fought attempts to expand voting across the country. If the ruling stands, absentee ballots will have to be delivered to Wisconsin election clerks by 8 p.m. on Election Day if they are to be counted.
The ruling makes it more likely that results of the presidential race in the pivotal swing state will be known within hours of poll closing. Democrats almost certainly will appeal the decision to the U.S. Supreme Court. A spokesman and an attorney didn’t immediately respond to requests for comment.
Under state law, absentee ballots are due in local clerks’ offices by 8 p.m. on election night. But Democrats and allied groups sued to extend the deadline after the April presidential primary saw long lines, fewer polling places, a shortage of poll workers and thousands of ballots mailed days after the election. Wisconsin, like much of the rest of the country, is already seeing massive absentee voting for November and the state expects as many as 2 million people to vote absentee.
U.S. District Judge William Conley ruled last month that any ballots that arrive in clerk’s offices by Nov. 9 will be counted, as long as they are postmarked by Nov. 3. In that ruling, Conley noted the heavy absentee load and the possibility it could overwhelm election officials and the postal service.
The 7th Circuit Court judges initially upheld Conley’s ruling on Sept. 29, rejecting the Republicans’ standing to intervene. After the Wisconsin Supreme Court affirmed that standing, the same three-judge panel delivered Thursday’s ruling. Justices Frank Easterbrook and Amy St. Eve voted to stay the order and Ilana Rovner opposed.
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'Hotel Rwanda' hero charged with terrorism in Rwanda court
Legal News |
2020/09/16 08:46
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A Rwandan court on Monday charged Paul Rusesabagina, whose story inspired the film “Hotel Rwanda,” with terrorism, complicity in murder, and forming an armed rebel group.
Rusesabagina declined to respond to all 13 charges, saying some did not qualify as criminal offenses and saying that he denied the accusations when he was questioned by Rwandan investigators.
Rusesabagina, 66, asked to be released on bail, citing poor health that has caused him to be taken to hospital three times in the time that he has been held in Rwanda.
“I request that I am given bail and I assure the court that I will not flee from justice,” Rusesabagina said. The court said it will rule on his bail application on Thursday.
Rusesabagina was represented by Rwandan lawyers David Rugaza and Ameline Nyembo, who have been discounted as state-imposed representation by his family outside Rwanda.
Neither his lawyers nor the prosecution explained the circumstances under which Rusesabagina arrived in Kigali at the end of August from Dubai. He had traveled from the U.S. to Dubai and then mysteriously appeared in Rwanda. The Rwandan court said the suspect was arrested at Kigali International Airport, contradicting the earlier police version that he was arrested through “international cooperation.”
When Rwandan President Paul Kagame spoke on national broadcasting about the case, he indicated that Rusesabagina may have been tricked i nto boarding a private plane in Dubai that took him to Rwanda.
Amnesty International on Monday urged Rwandan authorities to guarantee Rusesabagina his right to a fair trial.
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Slovakia court set to give verdict in reporter's slaying
Legal News |
2020/09/03 09:08
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A court in Slovakia is expected to issue a verdict Thursday in the slayings of an investigative journalist and his fiancee, a crime that shocked the country and led a government to fall.
The state prosecution has requested 25-year prison terms for three remaining defendants, one of them a businessman accused of masterminding the killings. They all pleaded not guilty to murdering journalist Jan Kuciak, and fiancee Martina Kusnirova, both aged 27.
But the trial at the Specialized Criminal Court in Pezinok, which handles Slovakia's most serious cases, might not be coming to an end, yet.
A three-judge tribunal originally was set to deliver a verdict in early August but delayed its decision, citing a need for more time.
Prosecutors submitted additional evidence on Monday. The panel could decide to postpone the verdict again to give them a chance to present the evidence in court.
Kuciak was shot in the chest and Kusnirova was shot in the head at their home in the town of Velka Maca, east of Bratislava, on Feb. 21, 2018.
The killings prompted major street protests unseen since the 1989 anti-communist Velvet Revolution in Czechoslovakia. The ensuing political crisis led to the collapse of a coalition government headed by populist Prime Minister Robert Fico and to the dismissal of the national police chief.
Kuciak had been writing about alleged ties between the Italian mafia and people close to Fico when he was killed, and also wrote about corruption scandals linked to Fico’s leftist Smer - Social Democracy party. |
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Britney Spears asks court to curb father’s power over her
Legal News |
2020/08/19 13:42
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A lawyer for a former Colombian paramilitary leader is asking a U.S. federal court to force Attorney General William Barr to immediately deport the former warlord to Italy after he completed a long drug sentence.
The emergency petition was filed Monday in Washington, DC federal court on behalf of Salvatore Mancuso, the former top commander of the United Defense Forces of Colombia, known as the AUC. It comes as Colombia is mounting a last-minute campaign to block Mancuso’s removal to Italy after it bungled an extradition request that had to be withdrawn last month.
Mancuso’s lawyer argues that Barr, Chad Wolf, the acting head of the Department of Homeland Security, and four other senior officials at U.S. Immigration and Customs Enforcement have unlawfully kept Mancuso in federal custody beyond the maximum 90 days allowed for the removal of aliens. Included in the petition is a copy of a final administrative removal order dated April 15 that compels DHS and ICE to remove Mancuso to Italy, where he also has citizenship.
Immigration attorney Hector Mora attributes the delay to strong pressure from Colombia’s conservative government, which he claims is working closely with the U.S. State Department to bring Mancuso back to Colombia. If returned home, he argues his client is likely to be jailed, or even killed, despite having fulfilled his obligations under a 2003 peace deal he negotiated, which caps prison terms at eight years for militia leaders who confess their crimes.
“He and his family are terrified with his possible return to Colombia,” Mora wrote to ICE officials on March 27 — the same day Mancuso completed a 12-year sentence in the U.S. for cocaine trafficking.
Mancuso, 55, was the most remorseful of the former right-wing militia leaders after demobilizing and his eagerness to discuss the paramilitaries’ war crimes has already shaken Colombia’s politics.
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