Families confront New Zealand mosque shooter at sentencing

Legal Interview 2020/08/22 18:17   Bookmark and Share
Families and survivors had their first chance to confront the white supremacist who slaughtered 51 worshippers in a mass shooting at two New Zealand mosques as his four-day sentencing hearing began Monday.

“You killed your own humanity, and I don’t think the world will forgive you for your horrible crime,” said a tearful Maysoon Salama, the mother of 33-year-old Atta Elayyan, who was killed in March 2019 attacks. “You thought you can break us. You failed miserably.”

The gunman, 29-year-old Australian Brenton Harrison Tarrant, pleaded guilty in March to 51 counts of murder, 40 counts of attempted murder and one count of terrorism ? the first terrorism conviction in New Zealand’s history. He could become the first person in New Zealand to be sentenced to life imprisonment without the possibility of parole, the toughest sentence available.

Tarrant was brought into the Christchurch High Court shackled and wearing a gray prison outfit. In the dock, unshackled and surrounded by five officers, he showed little emotion throughout the hearing. He occasionally looked around the room, tapped his fingers, and watched the survivors as they spoke.

The courtroom was only half full due to coronavirus distancing requirements, while many others watched from adjacent courtrooms where the hearing was streamed. Survivors and family members occasionally wept and comforted each other.

Two dozen victims and family members told the court about the pain of losing husbands, wives, sons and brothers. Some had family members around them for support, others spoke through translators or on pre-recorded videos from abroad.

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No peeking, voters: Court keeps Trump taxes private for now

Legal Interview 2020/07/08 11:58   Bookmark and Share
Rejecting President Donald Trump’s complaints that he’s being harassed, the Supreme Court ruled Thursday in favor of a New York prosecutor’s demands for the billionaire president’s tax records. But in good political news for Trump, his taxes and other financial records almost certainly will be kept out of the public eye at least until after the November election.

In a separate case, the justices kept a hold on banking and other documents about Trump, family members and his businesses that  Congress has been seeking for more than a year. The court said that while Congress has significant power to demand the president’s personal information, it is not limitless.

The court turned away the broadest arguments by Trump’s lawyers and the Justice Department that the president is immune from investigation while he holds office or that a prosecutor must show a greater need than normal to obtain the tax records. But it is unclear when a lower court judge might order the Manhattan district attorney’s subpoena to be enforced.

Trump is the only president in modern times who has refused to make his tax returns public, and before he was elected he promised to release them. He didn’t embrace Thursday’s outcome as a victory even though it is likely to prevent his opponents in Congress from obtaining potentially embarrassing personal and business records ahead of Election Day.

In fact, the increasing likelihood that a grand jury will eventually get to examine the documents drove the president into a public rage. He lashed out declaring that “It’s a pure witch hunt, it’s a hoax” and calling New York, where he has lived most of his life, “a hellhole.”

The documents have the potential to reveal details on everything from possible misdeeds to the true nature of the president’s vaunted wealth ? not to mention uncomfortable disclosures about how he’s spent his money and how much he’s given to charity.

The rejection of Trump’s claims of presidential immunity marked the latest instance where his broad assertion of executive power has been rejected.

Trump’s two high court appointees, Justices Neil Gorsuch and Brett Kavanaugh, joined the majority in both cases along with Chief Justice John Roberts and the four liberal justices. Roberts wrote both opinions.

“Congressional subpoenas for information from the President, however, implicate special concerns regarding the separation of powers. The courts below did not take adequate account of those concerns,” Roberts wrote in the congressional case.
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Court approves PG&E’s $23B bankruptcy financing package

Legal Interview 2020/03/16 11:02   Bookmark and Share
Pacific Gas & Electric on Monday won court approval to raise $23 billion to help pay its bills over destructive California wildfires after Gov. Gavin Newsom dropped his opposition to a financing package designed to help the nation’s largest utility get out of bankruptcy.

The milestone reached during an unusual court hearing held by phone moves PG&E closer to its goal of emerging from one of the most complex bankruptcy cases in U.S. history by June 30.

Newsom has said he fears P&E is taking on too much debt to be able to afford an estimated $40 billion in equipment upgrades needed to reduce the chances of its electricity grid igniting destructive wildfires in the future.

The utility’s outdated system triggered a series of catastrophic wildfires in 2017 and 2018 that killed so many people and burned so many homes and businesses that the company had to file for bankruptcy early last year.

But the recent volatility in the financial markets caused by the coronavirus pandemic apparently softened Newsom’s stance after PG&E lined up commitments from investors promising to buy up to $12 billion in company stock.
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Arizona court gear up for reviews of virus outbreak orders

Legal Interview 2020/03/02 11:06   Bookmark and Share
Arizona's state court system is preparing for possible hearings and other proceedings to review any future emergency public health orders stemming from the coronavirus outbreak or other communicable and infectious diseases.

An administrative order signed Wednesday by state Supreme Court Chief Justice Robert Brutinel assigns at least one Superior Court judges in each of the 15 counties to conduct any required judicial reviews of measures taken by public health agencies to prevent and control diseases.

Brutinel's order also authorizes presiding judges in each county to adopt or suspend local court rules and orders and to take other steps. Those could include having courts operate around the clock and for Superior Courts to handle cases originally filed in lower courts.

"Judicial review of these orders and the opportunity for a person affected by an order to secure judicial review of these measures is required by law," Brutinel's order stated. “The courts must be prepared and available to respond effectively and expeditiously.
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Brazil's supreme court votes to make homophobia a crime

Legal Interview 2019/06/13 16:38   Bookmark and Share
Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.

"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.

Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.
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Wisconsin court says gun site not liable in spa shooting

Legal Interview 2019/04/27 15:30   Bookmark and Share
The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal law grants the site operators immunity.

The court ruled 5-1 that the federal Communications Decency Act protects Armslist LLC, a firearms classifieds website. The act absolves website operators of any liability resulting from posting third-party content.

Radcliffe Haughton’s wife, Zina Daniel Haughton, had taken out a restraining order against him that prohibited him from possessing a firearm. But he bought a semi-automatic pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.

The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.

According to court documents, Haughton used an Armslist.com function that allowed him to bypass ads from licensed dealers, enabling him to avoid a background check.

The lawsuit filed in 2015 alleged Armslist’s operators should have known that the design of the site enabled illegal gun purchases. But Chief Justice Pat Roggensack, writing for the majority, said Tuesday that if a website’s features can be used lawfully the act immunizes the operators from liability when third parties use the sites unlawfully. Therefore all that’s left is to consider the site a publisher, triggering immunity under the act, she said.

“Regardless of Armslist’s knowledge or intent, the relevant question is whether (the) claim necessarily requires Armslist to be treated as the publisher or speaker of third-party content,” Roggensack wrote. “Because it does, the negligence claim must be dismissed.”

Justice Ann Walsh Bradley was the lone dissenter. She accused the majority of allowing Armslist to hide behind the federal law and called the decision a “manufactured interpretation” of the lawsuit’s arguments.
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