Afghanistan probe appeal begins at Hague international court

Legal Business 2019/12/04 00:22   Bookmark and Share
The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.

Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”

In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.

In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.

The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.

“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.

The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.

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Hong Kong court reinstates mask ban ahead of elections

Legal Business 2019/11/23 11:57   Bookmark and Share
A Hong Kong court that had struck down a ban on face masks at protests said Friday that the government could enforce it for one week, as police readied for any unrest during keenly contested elections this weekend.

The High Court granted the temporary suspension “in view of the great public importance of the issues raised in this case, and the highly exceptional circumstances that Hong Kong is currently facing.”

Anti-government protests have rocked the semi-autonomous Chinese city for more than five months. Protesters remained holed up on a university campus, refusing to turn themselves in for arrest after intense clashes with police last weekend.

The court had ruled Monday that the ban, imposed last month under rarely used emergency powers to prevent protesters from hiding their identity, infringed on fundamental rights more than was reasonably necessary.

China’s parliament rebuked the court ruling this week, in what some interpreted as an indication it might overrule the decision.

In granting the one-week reprieve, the High Court said it was giving the government time to appeal the decision and seek a longer suspension from the Court of Appeal.

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California court invalidates law requiring Trump tax returns

Legal Business 2019/11/21 11:56   Bookmark and Share
President Donald Trump does not have to disclose his tax returns to appear as a candidate on California’s primary ballot next spring, the state Supreme Court ruled unanimously Thursday.

The law, the first of its kind in the nation and aimed squarely at Trump, violates a specification of the state constitution calling for an “inclusive open presidential primary ballot,” the court said.

“Ultimately, it is the voters who must decide whether the refusal of a ‘recognized candidate throughout the nation or throughout California for the office of President of the United States’ to make such information available to the public will have consequences at the ballot box,” Chief Justice Tani Cantil-Sakauye wrote in the 7-0 decision.

Trump has broken with tradition among presidential candidates by refusing to disclose his financial information.

A U.S. judge had temporarily blocked the state law in response to a different lawsuit, and the high court ruled quickly because the deadline to file tax returns to get on the primary ballot is next week.

The state Republican Party and chairwoman Jessica Millan Patterson challenged the bill signed into law this year by Democratic Gov. Gavin Newsom because it singled out Trump.
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Trump wants Supreme Court to block subpoena for his taxes

Legal Business 2019/11/13 18:58   Bookmark and Share
President Donald Trump is asking the Supreme Court to block a subpoena for his tax returns, in a test of the president’s ability to defy investigations.

The filing Thursday sets the stage for a high court showdown over the tax returns Trump has refused to release, unlike every other modern president. The justices also could weigh in more broadly on Trump’s claim that sitting presidents can’t be prosecuted or investigated for crimes.

The subpoena from the Manhattan district attorney is seeking Trump’s tax returns back to 2011 from his accounting firm as part of a criminal investigation. Trump’s lawyers say a criminal probe of the president at the state or local level is unconstitutional and unprecedented in American history.

“Allowing the sitting president to be targeted for criminal investigation and to be subpoenaed on that basis? would, like an indictment itself, distract him from the numerous and important duties of his office, intrude on and impair Executive Branch operations, and stigmatize the presidency,” said the brief signed by Jay Sekulow.

Lower courts have so far rejected Trump’s claims of immunity.

Trump wants the court to decide the case by late June, under a deal to keep the district attorney from enforcing the subpoena in the meantime. The justices may not decide whether to hear the case for at least another month.
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High court to consider state role in prosecuting immigrants

Legal Business 2019/10/15 20:38   Bookmark and Share
Donaldo Morales caught a break when federal prosecutors declined to charge him after he was arrested for using a fake Social Security card so he could work at a Kansas restaurant. But the break was short-lived. Kansas authorities stepped in and obtained a state conviction that could lead to Morales’s deportation.

A state appellate court overturned the conviction, but Kansas appealed. On Wednesday, the U.S. Supreme Court will hear arguments about whether states can prosecute immigrants like Morales who use other people’s Social Security numbers to get a job.

Morales, who plans to attend the arguments with his wife and a son, said he has been having nightmares about being deported. His greatest fear is leaving behind his wife and children if the Supreme Court reinstates his state convictions ? felonies that could trigger deportation proceedings.

“What I did was to earn money honestly in a job to support my family,” the 51-year-old Guatemalan immigrant told The Associated Press in Spanish.

The case before the nation’s highest court arises from three prosecutions in Johnson County, a largely suburban area outside Kansas City, Missouri, where the district attorney has aggressively pursued immigrants under the Kansas identity theft and false-information statutes.
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Attorneys: Court seat puts Montgomery in far different role

Legal Business 2019/09/11 14:41   Bookmark and Share
Attorneys say Gov. Doug Ducey's appointment of now-former Maricopa County Attorney Bill Montgomery to the Arizona Supreme Court puts Montgomery in a new role that could silence his public advocacy on policy issues.

Montgomery for years has been a power-broker at the Arizona Legislature on criminal-justice issues while being an outspoken critic of marijuana legalization.

Ducey, in announcing his fifth appointment to the state high court, said he's confident that he picked a justice who will interpret the law, not someone to write it.

Arizona's judicial conduct code limits what judges can do off the bench, and attorneys interviewed by the Arizona Capitol Times said it'd be a departure from tradition for Montgomery to continue his past advocacy now that he's on the bench.

Danny Seiden, a former Ducey aide who once served as a special assistant county attorney to Montgomery, said Montgomery is now in a "less powerful" position as a justice compared to an elected county attorney.

"Prosecutors have a ton of power in the process," Seiden said. "That's why they're elected, that's why they have to face the people and stand for their charging decisions and policymaking role in the process. But when you're a judge, you really just interpret statutes . You don't make policy."

Alessandra Soler, executive director of the ACLU of Arizona, said it'd be a departure from tradition for Montgomery to do otherwise.

"I assume that there was this separation of powers and they should not play a role in lobbying," Soler said.

But Montgomery's background creates questions how he'll behave as a justice, Soler said.

"Justices need to be fair and impartial, and I think that during the last nine years he's really shown that he lets his personal biases drive his prosecutorial practices and policies, so I think that's certainly going to be a big question for us ? is he going to be fair and impartial?" she said.

Republican attorney Kory Langhofer said it will be telling to see how Montgomery navigates issues like criminal justice reform.

"I strongly suspect that his views on criminal justice are deeply held and will come through in his jurisprudence. But I think his judicial philosophy on other political matters about which he's expressed very strong opinions may be less predictable," Langhofer said.
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