Dems to use hearings on Trump picks to court working class

Legal Insight 2016/12/17 16:19   Bookmark and Share
Determined to hold around two dozen Senate seats in 2018, Democrats will use the coming series of confirmation hearings to try to distinguish themselves from President-elect Donald Trump's billionaire nominees and convince working-class voters who elected him that he's not on their side.

While Democrats have little leverage to stop the Republican's picks in the Senate, they still plan a fight. To highlight what they say is the hypocrisy of Trump's campaign promise to be a champion for the economically struggling little guy, they'll focus on the nominees' wealth, ties to Wall Street and willingness to privatize Medicare, among other issues. In some cases, they'll seek to drag out the process by demanding more information and ensuring a full airing of potential conflicts of interest.

"We're going to give each of them a thorough examination to determine whether they'll actually stand up for workers against the special interests or rig the system even more," said incoming Senate Democratic Leader Chuck Schumer of New York, echoing some of Trump's own campaign rhetoric.

Democrats gave up their ability to block Trump's nominees in 2013, when then-Senate Majority Leader Harry Reid changed Senate rules and reduced the number of votes needed to end filibusters. Now in the majority, Republicans can confirm the nominees along partisan lines.

The limits of the Democratic minority have already been tested, as California Sen. Dianne Feinstein, who will be the top Democrat on the Senate Judiciary Committee in the new session, has repeatedly asked Judiciary Chairman Charles Grassley for more time to review documents ahead of Jan. 10-11 hearings for Sen. Jeff Sessions, Trump's choice for attorney general. Grassley, an Iowa Republican, has declined to delay the hearings.

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Supreme Court rejects 2 death row appeals

Legal Insight 2016/12/15 16:20   Bookmark and Share
The Supreme Court has denied appeals from death row inmates in Louisiana and South Carolina who questioned their lawyers' actions.

The justices on Monday did not comment on the cases of James Tyler of Louisiana and Sammie Stokes of South Carolina.

Tyler's lawyer conceded his client's guilt in the hope of drawing a life sentence, even though Tyler repeatedly objected to that strategy y.

Stokes' lawyer had previously prosecuted him for assaulting his ex-wife. The lawyer never informed the judge of his earlier role, not even when the ex-wife took the stand against Stokes.

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Court: Star Chinese investor pleads guilty in stock case

Legal Insight 2016/12/06 13:22   Bookmark and Share
A Chinese court says a star securities trader who was arrested following last year's stock market collapse has pleaded guilty to insider trading and manipulating share prices.

The court in the eastern city of Qingdao said in a statement Tuesday that Xu Xiang and two co-defendants pleaded guilty at the start of a trial but no verdict had been issued.

Xu was arrested in November after a rapid rise in Chinese share prices collapsed. Top executives of China's biggest state-owned securities firm also were arrested in a separate case.

The court statement said Xu and his co-defendants were accused of conspiring with executives of 13 companies from 2010 to 2015 to inflate their share price and then sell.

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Supreme Court won't hear challenge to FBI fitness test

Legal Insight 2016/12/04 13:22   Bookmark and Share
The Supreme Court won't hear a dispute over whether a physical fitness test for FBI special agents is biased against men.

The justices on Monday turned down an appeal from an Illinois man who failed the test after completing 29 out of 30 untimed pushups.

Jay Bauer said it's unfair that female trainees have to do only 14 pushups as part of the fitness test that includes situps, a 300-meter sprint and 1.5-mile run.

A federal judge ruled that the test discriminates on the basis of sex. But a federal appeals court sided with the FBI, saying it used "gender-normed" standards that require the same level of fitness for all trainees.

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Lawyers for Egypt's Islamists see high court as last refuge

Legal Insight 2016/12/01 13:21   Bookmark and Share
Twice this month, Egypt's highest appeals court has struck down harsh sentences against Mohammed Morsi, the elected Islamist president overthrown by the military in 2013, giving some hope to thousands of his supporters, who were jailed or sentenced to death by hasty verdicts following mass trials.

Mohammed Morsi's Muslim Brotherhood is outlawed as a terrorist group, and the court has upheld heavy sentences against its members. But its quashing of some of the faultiest rulings has led lawyers to see the appeals court as a last refuge for justice.

President Abdel-Fattah el-Sissi and other top officials have long insisted that Egypt's judiciary is independent of the government and does not engage in show trials.

But a series of swift, mass verdicts issued in the tumultuous months after Morsi's ouster, as security forces were cracking down on his supporters and violently dispersing protests, raised the possibility that Egypt might execute the Brotherhood's leadership.

Many judges on the lower courts openly expressed their disdain for the Islamists and their desire to impose order after the turmoil that followed the 2011 uprising. Defense lawyers say they often relied on faulty police reports citing anonymous security sources.

Among the most notorious rulings were those by a court in the southern city of Minya, which sentenced more than 1,000 alleged Morsi supporters to death in two mass trials that each lasted only a few days. Some of those death sentences were later rescinded by a religious authority, and many of the defendants appealed the rulings and were granted retrials. None were executed.

Scores of other cases were reversed by the Court of Cassation, whose members are appointed by the Supreme Judicial Council, a panel of the country's most experienced and well-respected judges.

Rights lawyers see it as a refuge for those who have been tried, convicted and condemned by the lower courts, as well as public opinion.
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Ohio sheriff accused of drug theft changing not guilty plea

Legal Insight 2016/11/21 12:44   Bookmark and Share
A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.

Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.

Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.

The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.

A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.

Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.

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