Court News 2020/09/22 21:59
Votes in hand, Senate Republicans are charging ahead with plans to confirm President Donald Trump’s pick to fill the late Justice Ruth Bader Ginsburg’s Supreme Court seat before the Nov. 3 election, launching a divisive fight over Democratic objections before a nominee is even announced.
Trump said Tuesday he will name his choice Saturday, confident of support. Democrats say it’s too close to the election, and the winner of the presidency should name the new justice. But under GOP planning, the Senate could vote Oct. 29.
“I guess we have all the votes we’re going to need,” Trump told WJBX FOX 2 in Detroit. “I think it’s going to happen.”
Republicans believe the court fight will energize voters for Trump, boosting the party and potentially deflating Democrats who cannot stop the lifetime appointment for a conservative justice . The Senate is controlled by Republicans, 53-47, with a simple majority needed for confirmation. The one remaining possible Republican holdout, Mitt Romney of Utah, said Tuesday he supports taking a vote.
Still, with early presidential voting already underway in several states, all sides are girding for a wrenching Senate battle over health care, abortion access and other big cases before the court and sure to further split the torn nation.
It is one of the quickest confirmation efforts in recent times. No court nominee in U.S. history has been considered so close to a presidential election. And it all comes as the nation is marking the grave milestone of 200,000 deaths from the coronavirus pandemic.
During a private lunch meeting Tuesday at Senate GOP campaign headquarters, several Republican senators spoke up in favor of voting before the election. None advocated a delay.
Elsewhere, as tributes poured in for Ginsburg with vigils and flowers at the court’s steps, Democrats led by presidential nominee Joe Biden vowed a tough fight. The Senate Democratic leader, Chuck Schumer, said “we should honor her dying wish,” which was that her seat not be filled until the man who wins the presidential election is installed, in January.
But that seemed no longer an option. So far, two Republicans have said they oppose taking up a nomination at this time, but no others are in sight. Under Senate rules, Vice President Mike Pence could break a tie vote.

Legal Insight 2020/09/20 15:52
Joe Biden on Sunday used the sudden Supreme Court vacancy to reinforce his argument that the upcoming election should be a referendum on President Donald Trump's handling of health care and the coronavirus.
The death of Justice Ruth Bader Ginsburg jolted the presidential campaign just six weeks before the election and as several states are already voting. Trump has seized on the opportunity to nominate a new justice to motivate his most loyal voters. Biden kept the focus on health care, which has proven to be a winning issue for Democrats during previous elections and could be even more resonant amid the pandemic.
The Supreme Court will hear a Republican-led case seeking to throw out the Affordable Care Act, which the Trump administration supports, the week after the Nov. 3 election. Biden charged that Trump is seeking to undermine the protections for people with pre-existing conditions under the ACA, as well as its provisions covering preventative care for women.
“Millions of Americans are voting because they know their health care hangs in the balance," Biden said during remarks at Constitution Center in Philadelphia. “In the middle of the worst global health crisis in living memory, Donald Trump is before the Supreme Court, trying to strip health care coverage away from tens of millions of families.”
The Supreme Court could also hear cases on a few more particularly salient issues in the next few months: voting rights, and potentially who wins the November election.
Biden is expected to focus in the weeks ahead on the Democratic fight to prevent a nominee from being confirmed to the court, with a particular emphasis on the effect the court could have on health care and climate change. Biden aides stopped short of ruling out the possibility the campaign would advertise around the court fight, though that decision hadn’t been finalized.

Court News 2020/09/16 08:47
A drive-by shooting wounded a federal security officer outside the U.S. courthouse in downtown Phoenix on Tuesday, and a person was later taken into custody, authorities said. The officer was taken to a hospital and was expected to recover, according to city police and the FBI. Jill McCabe, a spokeswoman for the FBI’s Phoenix office, said someone was later detained and there was no indication of a further threat to the public.
The court security officer works for the U.S. Marshals Service and was struck in their protective vest, said a law enforcement official who spoke on condition of anonymity because they were not authorized to discuss the investigation publicly. Court security officers work under the direction of the U.S. Marshals Service but generally are employed by private security companies.
The FBI said it isn’t providing any more details as it investigates. Police had released a photo of a silver sedan spotted leaving the area around the Sandra Day O’Connor U.S. Courthouse. Hours after the shooting, a street surrounding the courthouse was closed to traffic, roped off by yellow tape with police officers standing on each corner. Armed federal officers talked outside the main entrance to the courthouse, which was still open to the public, according to a court clerk.
The shooting came after the weekend ambush of two Los Angeles County deputies. They were sitting in their parked vehicle when a man walked up to the passenger’s side and fired multiple rounds. The deputies were struck in the head and critically wounded but were expected to recover. The gunman hasn’t been captured, and a motive has not been determined. Federal courthouses have been flashpoints for recent violence, but it’s not clear who shot the officer in Phoenix or why.
In June, a federal security officer was shot and killed and his partner was wounded outside the federal courthouse in Oakland as they guarded the building during protests over racial injustice and police brutality. An Air Force sergeant was charged with the shooting, and prosecutors say he had ties to the far-right, anti-government “boogaloo” movement and used the protest as cover for the crime and his escape.
During demonstrations in Portland, Oregon, protesters and federal officers clashed at the federal courthouse, where people set fires and tossed fireworks and rocks, while federal authorities unleashed tear gas and made arrests.

Legal Business 2020/09/12 10:28
One of two girls convicted of stabbing a classmate to please the horror character Slender Man asked the Wisconsin Supreme Court on Friday to rule that the case should have been tried in juvenile court.
Morgan Geyser and Anisa Weier attacked their friend, Payton Leutner, in a Waukesha County park following a sleepover in 2014. Geyser stabbed Leutner 19 times, as Weier encouraged her, leaving the girl to die. All three girls were 12 at the time.
Leutner survived the attack. Geyser pleaded guilty to attempted first-degree intentional homicide in adult court in a deal with prosecutors to avoid prison. She was found not guilty by reason of mental disease or defect. Weier pleaded guilty to attempted second-degree intentional homicide in adult court. She was also found not guilty by reason of mental disease or defect.
Geyser was ordered to spend 40 years in a mental health institution, and Weier was committed to one for 25 years. Geyser’s attorney, Matthew Pinx, argued in his petition to the Wisconsin Supreme Court on Friday that Geyser thought she had to kill Lautner or Slender Man would kill her or kill her family. She was acting in self-defense and should have been charged with attempted second-degree intentional homicide in juvenile court, Pinx argued.
He also maintained that Geyser gave statements to detectives before she was read her rights, and she couldn’t really understand what rights she gave up when she agreed to speak alone with a detective while she was in custody and confessed to the stabbing.
The state Department of Justice is defending Geyser’s conviction. Department spokeswoman Gillian Drummond had no immediate comment. Last month, the 2nd District Court of Appeals rejected the argument that Geyser’s case was overcharged and belonged in juvenile court.

Legal Insight 2020/09/10 10:28
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.

Topics in Legal News 2020/09/08 13:24
WikiLeaks founder Julian Assange is set to fight for his freedom in a British court after a decade of legal drama, as he challenges American authorities’ attempt to extradite him on spying charges over the site’s publication of secret U.S. military documents. Lawyers for Assange and the U.S. government are scheduled to face off in London Monday at an extradition hearing that was delayed by the coronavirus pandemic.
American prosecutors have indicted the 49-year-old Australian on 18 espionage and computer misuse charges adding up to a maximum sentence of 175 years. His lawyers say the prosecution is a politically motivated abuse of power that will stifle press freedom and put journalists at risk.
Assange attorney Jennifer Robinson said the case “is fundamentally about basic human rights and freedom of speech.” “Journalists and whistle-blowers who reveal illegal activity by companies or governments and war crimes ? such as the publications Julian has been charged for ? should be protected from prosecution,” she said.
American prosecutors say Assange is a criminal, not a free-speech hero. They allege that Assange conspired with U.S. army intelligence analyst Chelsea Manning to hack into a Pentagon computer and release hundreds of thousands of secret diplomatic cables and military files on the wars in Iraq and Afghanistan. They also say he conspired with members of hacking organizations and sought to recruit hackers to provide WikiLeaks with classified information.
“By disseminating the materials in an unredacted form, he likely put people -- human rights activists, journalists, advocates, religious leaders, dissidents and their families -- at risk of serious harm, torture or even death,” James Lewis, a British lawyer acting for the U.S. government, told a hearing in February.
Assange argues he is a journalist entitled to First Amendment protection, and says the leaked documents exposed U.S. military wrongdoing. Among the files released by WikiLeaks was video of a 2007 Apache helicopter attack by American forces in Baghdad that killed 11 people, including two Reuters journalists.
His lawyers argue the prosecution is an abuse of process by a Trump administration that wants to make an example of Assange. They say he would be held in inhuman conditions and would not get a fair trial in the United States.
Journalism organizations and human rights groups have called on Britain to refuse the extradition request. Amnesty International said Assange was “the target of a negative public campaign by U.S. officials at the highest levels.”
“If Julian Assange is prosecuted it could have a chilling effect on media freedom, leading publishers and journalists to self-censor in fear of retaliation,” said Amnesty’s Europe Director, Nils Mui?nieks.
The four-week extradition hearing is part of a twisting saga rife with competing claims of hacking, spying and subterfuge. Assange’s lawyers claim the U.S. intelligence services directed a private security firm to spy on him while he was living in Ecuador’s London embassy -- a case currently being heard in a Spanish court.
Assange also alleges he was offered a pardon by the Trump administration if he agreed to say Russia wasn’t involved in leaking Democratic National Committee emails that were published by WikiLeaks during the 2016 U.S. election campaign. The White House denies that claim.
Assange’s legal troubles began in 2010, when he was arrested in London at the request of Sweden, which wanted to question him about allegations of rape and sexual assault made by two women. He refused to go to Stockholm, saying he feared extradition or illegal rendition to the United States or the U.S. prison camp at Guantanamo Bay, Cuba.
