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Supreme Court rejects fast track for Trump election cases
Legal Interview |
2021/01/11 22:35
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The Supreme Court on Monday formally refused to put on a fast track election challenges filed by President Donald Trump and his allies.
The court rejected pleas for quick consideration of cases involving the outcome in five states won by President-elect Joe Biden: Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.
The orders, issued without comment, were unsurprising. The justices had previously taken no action in those cases in advance of last week’s counting of the electoral votes in Congress, which confirmed Biden’s victory.
The court still could act on appeals related to the Nov. 3 election later this winter or in the spring. Several justices had expressed interest in a Pennsylvania case involving the state Supreme Court’s decision to extend the deadline for receipt of mailed ballots by three days, over the opposition of the Republican-controlled legislature.
But even if the court were to take up an election-related case, it probably wouldn’t hear arguments until the fall. |
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Cosby’s sex assault conviction goes before high-level court
Legal Interview |
2020/12/01 08:48
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Pennsylvania’s highest court questioned Tuesday whether Bill Cosby’s alleged history of intoxicating and sexually assaulting young women amounted to a signature crime pattern, given studies that show as many as half of all sexual assaults involve drugs or alcohol. Cosby, 83, hopes to overturn his 2018 sex assault conviction because the judge let prosecutors call five other accusers who said Cosby mistreated them the same way he did his victim, Andrea Constand. The defense said their testimony prejudiced the jury against the actor and should not have been allowed.
“That conduct you describe ? the steps, the young women ? there’s literature that says that’s common to 50% of these assaults ? thousands of assaults ? nationwide,” Chief Justice Thomas G. Saylor said during oral arguments in the Pennsylvania Supreme Court. “So how can that be a common scheme?”
The prosecutor, in response, offered more precise details about the relationships, saying Cosby used his fame and fortune to mentor the women and then took advantage of it. And he sometimes befriended their mothers or families.
“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” said Assistant District Attorney Adrienne Jappe, of suburban Philadelphia’s Montgomery County, where Constand says she was assaulted at Cosby’s estate in 2004.
“The signature was isolating and intoxicating young women for the purpose of sexually assaulting them,” Jappe said.
Cosby, 83, has served more than two years of his three- to 10-year prison sentence for drugging and molesting Constand, whom he met through the basketball program at his alma mater, Temple University.
Courts have long wrestled with decisions about when other accusers should be allowed to testify in criminal cases. It’s generally not allowed, but exceptions are allowed to show a signature crime pattern or to prove someone’s identity. The state’s high court appears eager to address the issue, and in doing so took on the first celebrity criminal case of the #MeToo era. The court typically takes several months to issue its opinion.
Judge Steven T. O’Neill had allowed just one other accuser to testify at Cosby’s first trial in 2017, when the jury could not reach a verdict. The #MeToo movement took hold months later with media reports about movie mogul Harvey Weinstein and other men accused of sexual misconduct. |
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Michigan court blocks 2-week absentee ballot extension
Legal Interview |
2020/10/20 16:51
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Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes must rest with the Legislature, not the judiciary, the Republican-appointed appeals court judges said in a 3-0 opinion.
Absentee ballot extensions in Wisconsin and Indiana have also been overturned by higher courts. Michigan’s ability to handle a flood of ballots will be closely watched in a state that was narrowly won by President Donald Trump in 2016. Secretary of State Jocelyn Benson last week said 2.7 million people had requested absentee ballots, a result of a change in law that makes them available to any voter.
Michigan law says absentee ballots must be turned in by 8 p.m. on Election Day to be valid. But Court of Claims Judge Cynthia Stephens had ordered that any ballots postmarked by Nov. 2 could be counted if they arrived within two weeks after the Nov. 3 election.
Stephens said there was “unrefuted evidence” about mail delivery problems because of the coronavirus pandemic. She said more than 6,400 ballots arrived too late to be counted in the August primary. The appeals court, however, said the pandemic and any delivery woes “are not attributable to the state.”
“Although those factors may complicate plaintiffs’ voting process, they do not automatically amount to a loss of the right to vote absentee,” the court said, noting that hundreds of special boxes have been set up across Michigan. The court also reversed another portion of Stephens’ decision, which would have allowed a non-family member to deliver a completed ballot in the final days before the election if a voter consented.
“The constitution is not suspended or transformed even in times of a pandemic, and judges do not somehow become authorized in a pandemic to rewrite statutes or to displace the decisions made by the policymaking branches of government,” Judge Mark Boonstra said in a separate, 10-page concurring opinion.
Benson and Michigan Attorney General Dana Nessel, both Democrats, had declined to appeal Stephens’ rulings, leaving it to the Republican-controlled Legislature to intervene. |
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Judges: Trump can’t exclude people from district drawings
Legal Interview |
2020/09/11 00:33
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Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.
The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.
According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally.
The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.
“Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.
Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.
The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.
The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said. |
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Black Democrat urges governor to drop Black court nominee
Legal Interview |
2020/09/10 00:34
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A Black Democratic state lawmaker who is challenging the appointment of a Black woman to the Florida Supreme Court contended Thursday that Republican Gov. Ron DeSantis is engaging in “racial tokenism” by choosing someone the court itself has already ruled is not eligible for the position.
State Rep. Geraldine Thompson said in an online news conference that DeSantis only chose Renatha Francis for the high court because she shares his conservative ideology, not because he is trying to achieve racial diversity.
Thompson says Francis doesn’t meet the constitutional requirement of being a Florida Bar member for at least 10 years, a point the Supreme Court noted two weeks ago when it ruled DeSantis had exceeded his authority by appointing an ineligible candidate. The court did not undo the appointment, however.
“He wants to throw the rulebook out the window and do whatever he wants to do,” Thompson said. “That’s not what our country is supposed to be about.”
Thompson wants the governor to rescind the appointment. She spoke a day after DeSantis defended his choice at an event Wednesday alongside several Black elected officials who support Francis' appointment. The governor appointed Francis in May with the understanding that she would not actually sit on the court until she is eligible. She will complete 10 years in the bar in two weeks.
DeSantis accused Thompson of blocking the appointment for political reasons. He noted that no other Blacks currently serve on the court. But Thompson argued that DeSantis only wanted the “right" Black person on the court. “It was clearly about ideology and sharing the same perspective he had," she said. “This is one of the worst and most egregious examples of racial tokenism that I have seen in my life.”
Francis, currently a circuit judge in Palm Beach County, would not be the first Black woman to serve on the Supreme Court but would be the first Caribbean-American to do so. She operated a bar and trucking company in Jamaica before moving to the United States as an adult and working her way through law school.
Thompson represents portions of the Orlando suburbs, including Disney World and Universal Studios.
At the event Wednesday, DeSantis accused Thompson of hypocrisy, saying that she had been among those pushing for a Black justice and now that he has appointed one, she doesn't like her. He said her opposition would force him to choose from a list that includes no Black candidates. Thompson countered that a governor can't simply ignore the Florida Constitution. |
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Britney Spears asks court to curb father’s power over her
Legal Interview |
2020/08/22 08:24
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Britney Spears on Tuesday asked a court to keep her father from reasserting the broad control over her life and career that he has had for most of the past 12 years.
In documents filed by her court-appointed lawyer that give a rare public airing to the wishes of the 38-year-old pop superstar, she asked that her father not return to the role of conservator of her person, which gave him power over her major life decisions from 2008 until 2019, when he temporarily stepped aside, citing health problems.
“Britney is strongly opposed to James return as conservator of her person,” the document says.
James Spears has kept his separate role as conservator over his daughter’s finances. For the first 11 years of the conservatorship, he served as co-conservator with attorney Andrew M. Wallet, who resigned from the role early last year.
That briefly left James Spears with sole power over Britney Spears’ life, money and career, a situation she says she very much wants to avoid repeating.
An email seeking comment from James Spears’ attorney was not immediately returned.
Spears says she wants Jodi Montgomery, who has been serving as conservator of her person temporarily, to do so permanently, but she says that doesn’t mean she is waiving her right to seek an end to the entire arrangement.
The documents also reveal that Britney Spears has no plans to perform again anytime soon. She last performed live in October 2018, and early in 2019, canceled a planned Las Vegas residency.
The filing gave a rare glimpse at Britney Spears’ own wishes in the conservatorship that has had vast power over her for over a decade. She has almost never spoken publicly about the matter, and court hearings and documents in the case are cloaked in secrecy, though last year she addressed the court at her request, suggesting she was seeking changes.
In the papers, Britney Spears praises the conservatorship and its work overall, saying it “rescued her from a collapse, exploitation by predatory individuals and financial ruin” and that it made her “able to regain her position as a world class entertainer.”
The document was filed a day before a status hearing on the conservatorship, expected to be closed to the media and public.
Britney Spears’ attorney said that he expects James Spears will aggressively contest being marginalized, and said that Britney Spears has suggested they retain a lawyer with expertise in complex financial court fights.
The conservatorship, known in some states as a guardianship, gave James Spears power over his daughter’s career choices and much of her personal life, including her relationship with her teenage sons. Spears’ ex-husband Kevin Federline has custody of the boys, but she has frequent visits with them.
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Colombia warlord asks US court to force deportation to Italy
Legal Interview |
2020/08/19 20:58
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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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