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Court Upholds Rifle Sales Reporting Requirement
Legal News |
2013/06/01 18:04
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A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.
The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.
But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.
The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one. |
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Court: US can keep bin Laden photos under wraps
Legal News |
2013/05/23 18:45
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A federal appeals court is backing the U.S. government’s decision not to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos.
The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia turned down an appeal Tuesday from Judicial Watch, a conservative watchdog group, which had filed a Freedom of Information Act request for the images.
The court said that the CIA properly withheld publication of the images. The court concluded that the photos used to conduct facial recognition analysis of bin Laden could reveal classified intelligence methods — and that images of bin Laden’s burial at sea could trigger violence against American citizens. |
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UK murder suspect's extradition case set for 2013
Legal News |
2012/12/04 03:11
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A U.K. court will wait until next year to hold the extradition hearing of a Briton accused of hiring a hit man to kill his wife during their honeymoon in South Africa — after his mental state is reviewed.
The lawyer for Shrien Dewani says he has flashbacks and is a "husk" of his former self. Attorney Clare Montgomery said Monday it is unthinkable he would be able to plan any escape.
Dewani's mental condition will be reviewed in April, with a full extradition hearing set for July.
The 32-year-old is accused of arranging the murder of his wife, Anni, 28. She was found shot dead in an abandoned taxi in Cape Town's Gugulethu township in November 2010.
In March, a British court halted Dewani's extradition, citing his mental state. |
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Generals backed Kelley's sister in court
Legal News |
2012/11/15 21:19
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In the latest twist of the David Petraeus sex scandal, court records show the former CIA director and Gen. John Allen intervened last September in a messy custody dispute on behalf of Jill Kelley's sister, whom a judge described as dishonest and lacking integrity.
Kelley is the woman who received harassing emails from Petraeus' biographer and paramour, according to U.S officials. She also is thought to have exchanged flirtatious communications with Allen, the top U.S. commander in Afghanistan. Pentagon investigators are now examining Allen's relationship with Kelley.
The new court files are significant because they provide of a fuller picture of the twins' connections to Petraeus and Allen, two powerful figures ensnared in the scandal. It also raises questions why two decorated generals would vouch for Kelley's twin sister, Natalie Khawam, who had piles of legal troubles in recent years.
Petraeus resigned Friday as CIA director after disclosures that author Paula Broadwell sent the emails to Kelley, who in turn went to the FBI, setting off a series of stunning revelations that have engulfed Washington just days after President Barack Obama was re-elected.
Both Allen and Petraeus wrote letters in September supporting Khawam in her ongoing custody fight for her son, D.C. Superior Court records show. Allen met Khawam, 37, when he was deputy commander of U.S. Central Command in Tampa, where they attended social functions. Petraeus said he met Khawam three years ago through Kelley. |
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Scottsdale considers law firm contract in suit
Legal News |
2012/11/06 19:05
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The City Council in Scottsdale is poised to approve a $350,000 contract with a law firm it has hired to defend a former officer in a wrongful death lawsuit over the last of his six fatal shootings.
The city hired Struck, Wieneke & Love to defend former officer James Peters in a suit filed by the relatives of John Loxas and the American Civil Liberties Union. The City Council is set to consider the contract on Nov. 13, according to the Arizona Republic reports.
Peters fatally shot Loxas on Feb. 14 after police were called to his house. He was unarmed and holding his 7-month-old grandson in his doorway when Peters shot him in the head.
The shooting was the officer's seventh since 2002. He has since retired with an accidental disability pension of $4,547 per month, according to the city.
Another firm is defending the city and other officials under a contract worth up to $50,000.
The suit was filed on Sept. 24 and claims, among other things, that city officials failed to adequately investigate the previous shootings. It alleges that the city and Police Chief Alan Rodbell didn't establish adequate policies to protect against the "unreasonable use of force by its officers."
The suit seeks unspecified damages against Peters, the city, Rodbell and Detective Brian McWilliams. |
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Romney calls Obama's health care requirement a tax
Legal News |
2012/07/05 09:19
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Mitt Romney on Wednesday said requiring all Americans to buy health insurance amounts to a tax, contradicting a senior campaign adviser who days ago said the Republican presidential candidate viewed President Barack Obama's mandate as anything but a tax.
"The majority of the court said it's a tax and therefore it is a tax. They have spoken. There's no way around that," Romney told CBS News. "You can try and say you wish they had decided a different way but they didn't. They concluded it was a tax."
Romney's comments amounted to a shift in position. Earlier in the week, senior adviser Eric Fehrnstrom said Romney viewed the mandate as a penalty, a fee or a fine - not a tax.
The Supreme Court last week ruled that the federal requirement to buy health insurance or pay a penalty is constitutional because it can be considered a tax. The requirement is part of the broad health care overhaul that Obama signed into law in March 2010. |
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Etan Patz suspect's court date postponed to Oct. 1
Legal News |
2012/06/21 19:19
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Prosecutors made it clear Wednesday they are still investigating and assessing a case against a man charged in a notorious 1979 child disappearance, agreeing with his lawyer to postpone a court date for three months for both sides to keep gathering information.
Pedro Hernandez had been due in court Monday as doctors evaluate his mental fitness for trial in the murder case surrounding Etan Patz, one of the first missing children whose picture ever appeared on a milk carton. But the Manhattan district attorney's office said Wednesday that both sides had agreed to put off Hernandez's appearance to Oct. 1 "to allow all parties to proceed with their investigations in a measured and fair manner."
Hernandez's lawyer, Harvey Fishbein, declined to comment.
Postponing court dates is far from unusual. But the three-month timeframe appears to allow plenty of time for both sides to see what information might be available to strengthen — or weaken — a court case that arose from a confession from a man who has struggled with mental illness and hallucinations, according to his lawyer and family. |
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