Tuesday, February 6, 2024

Trump is not immune from prosecution in his 2020 election interference case

A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, sharply rejecting the former president’s claims that he is immune from prosecution while setting the stage for additional challenges that could further delay the case. The ruling is significant not only for its stark repudiation of Trump’s novel immunity claims but also because it breathes life back into a landmark prosecution that had been effectively frozen for weeks as the court considered the appeal. Yet the one-month gap between when the court heard arguments and issued its ruling has already created uncertainty about the timing of a trial in a calendar-jammed election year, with the judge overseeing the case last week canceling the initial March 4 date. Trump’s team vowed to appeal, which could postpones the case by weeks or months — particularly if the Supreme Court agrees to take it up. The judges gave Trump a week to ask the Supreme Court to get involved. The eventual trial date carries enormous political ramifications, with special counsel Jack Smith’s team hoping to prosecute Trump this year and the Republican front-runner seeking to delay it until after the November election. If Trump were to defeat President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases he faces or potentially could seek a pardon for himself. Tuesday’s unanimous ruling is the second time since December that judges have held that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. The opinion, which had been expected given the skepticism with which the panel greeted the Trump team’s arguments, was unsparing in its repudiation of Trump’s claim that former presidents enjoy absolute immunity for acts that fall within their official job duties. “Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the judges wrote. They said the “interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” and they rejected Trump’s claim that a president could have “unbounded authority to commit crimes” that would prevent the recognition of election results.

Thursday, September 21, 2023

The U.S. to Allow Venezuelans in the Country to Work Legally

The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border. The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration. The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement. The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years. Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama. Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement. The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently. The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.

Friday, February 4, 2022

Suits target New Orleans virus rules, some affect Mardi Gras

More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it. The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported. It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted. “Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.” Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city. This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas. The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported. The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.

Thursday, June 21, 2018

Woman accused of dismembering roommate appears in court

A San Francisco woman looked composed and lucid as she made her first court appearance on Friday on a murder charge accusing her of killing and dismembering her roommate, whose body parts prosecutors say were discovered in plastic bags at their home. Lisa Gonzales, 47, was in an orange jail suit with her hands cuffed behind her back during the brief appearance with her attorney. She answered a question from the judge, but she did not enter a plea. Her arraignment was continued until June 14. Police arrested Gonzales on Saturday after her 61-year-old roommate was reported missing. Police discovered the victim's severed arms and legs in a maggot-filled storage container, according to prosecutors. Gonzales told police that her roommate refused to move out, and the two of them argued on May 15, a San Francisco prosecutor said in a court filing. She told investigators she thinks she "flipped," but she didn't have a "real recollection" of what happened, Adam Maldonado said in the filing. Outside court, Gonzales' public defender, Alex Lilien, said his client was a hardworking, single mother and had taken the victim, Maggie Mamer, in after Mamer said she had been evicted by unscrupulous landlords. He said he didn't have details about his client's mental health. "She's charged with murder, and she's being portrayed as a monster in the media — and that's distressing," he said. "She's concerned about her family." Mamer had lost her home and "fallen on hard times" when Gonzales in August 2017 offered her a room, Maldonado said in the court filing. They agreed on $400 a month as rent. But after items around the home began to get misplaced or broken, Gonzales told Mamer in April to move out in 30 days or face eviction, the prosecutor said. Lilien said Friday that Gonzales did not know Mamer well when she let her move in, and that Mamer had a history of not paying rent.

Supreme Court allows Ohio, other state voter purges

The Supreme Court ruled Monday that states can clean up their voting rolls by targeting people who haven't cast ballots in a while. The justices rejected, by a 5-4 vote Monday, arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters' inactivity to trigger a process that could lead to their removal from the voting rolls. Justice Samuel Alito said for the court that Ohio is complying with the 1993 National Voter Registration Act. He was joined by his four conservative colleagues. The four liberal justices dissented. Partisan fights over ballot access are being fought across the country. Democrats have accused Republicans of trying to suppress votes from minorities and poorer people who tend to vote for Democrats. Republicans have argued that they are trying to promote ballot integrity and prevent voter fraud. Under Ohio rules, registered voters who fail to vote in a two-year period are targeted for eventual removal from registration rolls, even if they haven't moved and remain eligible. The state said it only uses the disputed process after first comparing its voter lists with a U.S. postal service list of people who have reported a change of address. But not everyone who moves notifies the post office, the state said. So the state asks people who haven't voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters. "Combined with the two years of nonvoting before notice is sent, that makes a total of six years of nonvoting before removal," Alito wrote. Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls "by reason of the person's failure to vote. In my view, Ohio's program does just that." In a separate dissent, Justice Sonia Sotomayor said Congress enacted the voter registration law "against the backdrop of substantial efforts by states to disenfranchise low-income and minority voters." The court's decision essentially endorses "the very purging that Congress expressly sought to protect against," Sotomayor wrote.

Court gives Spanish princess' husband 5 days to go to prison

Judicial authorities on Wednesday told the brother-in-law of Spain's King Felipe VI that he must report to a prison within five days in order to serve five years and 10 months for fraud and tax evasion, among other crimes. Inaki Urdangarin, a former Olympic handball medal winner who has been married for two decades to the king's sister, Princess Cristina, is the closest person to the ruling family of the Bourbons to be convicted and imprisoned. The case was seen as instrumental in prompting the abdication in 2014 of Juan Carlos I, who passed on the throne to Felipe. Public broadcaster TVE showed Urdangarin and his lawyer arriving Wednesday by car at the Palma de Mallorca court after landing on a commercial flight from Geneva, where the 50-year-old lives with his wife Cristina. He left minutes later, without making any remarks to the crowd of reporters and cameras awaiting him. The provincial court ruled last year that Urdangarin embezzled about 6 million euros ($7 million) between 2004 and 2006 by exploiting his "privileged status" in the royal family to obtain public contracts related to sports events. Spain's Supreme Court on Tuesday upheld the lower court's decision, but acquitted him of forgery and reduced his prison sentence by five months. Cristina, who became the first member of the Spanish royal family to face criminal charges, was acquitted for aiding her husband's crimes and only fined as a beneficiary in the scheme. She had already paid a 265,000-euro fine ($311,500), but Tuesday's Supreme Court ruling on the appeal halved the amount. It wasn't immediately clear where the former duke will serve the prison sentence, although in theory he has the right to choose any of the facilities in Spanish territory. Urdangarin could still appeal to the Constitutional Court, but experts say that would be futile because the country's top court has not taken in any appeals for imprisonments beyond the five year mark in the past.

Wednesday, May 9, 2018

Bakery appeals to UK Supreme Court in gay-rights cake case

A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage. Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage." The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs. After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory. Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday. David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."