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Afghanistan probe appeal begins at Hague international court
Court Watch |
2019/12/03 00:36
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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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Court sides with Congress in battle for Trump’s bank records
Court Watch |
2019/12/01 00:37
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A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling, with Judge Debra Ann Livingston saying in a partial dissent that the lower court should take a longer look at the “serious questions” raised by the case and give the parties time to negotiate.
The court said the application by the president and his children to block the subpoenas was properly denied by a judge this year.
The House Financial Services and Intelligence committees have asked Deutsche Bank and Capital One to turn over records related to Trump’s business ventures. The lawyers for the congressional committees say they need access to documents from the banks to investigate possible “foreign influence in the U.S. political process” and possible money laundering from abroad.
Trump and three of his children challenged the subpoenas. In May, U.S. District Judge Edgardo Ramos said Trump and his company were “highly unlikely” to succeed in proving that the subpoenas were unlawful and unconstitutional. |
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Court won’t revive suit against gun site over spa shooting
Legal Business |
2019/11/26 12:58
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The Supreme Court won’t revive a lawsuit against a firearms website over a suburban Milwaukee spa shooting.
The justices rejected an appeal Monday from the daughter of one of three people shot to death by a man who illegally bought a semi-automatic pistol and ammunition from someone he met through Armslist.com.
The Wisconsin Supreme Court dismissed the suit, ruling that federal law protects website operators from liability for posting content from a third party. The state court rejected arguments that websites that enable gun deals must take reasonable care to prevent sales to people prohibited from purchasing firearms. The Wisconsin shooter was under a court order that prohibited him from possessing guns. |
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New North Dakota Supreme Court chief justice to be chosen
Court News |
2019/11/22 12:56
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North Dakota is getting a new Supreme Court chief justice.
The new chief justice will be chosen by their colleagues and district court judges on Monday. Ballots will be counted at 4 p.m. at the state Capitol in Bismarck.
Justices Daniel Crothers, Lisa Fair McEvers, and Jon Jensen filed to fill the chief justice position that was left open after 86-year-old Chief Justice Gerald VandeWalle announced in September he would not seek reappointment to the top post when his term expires at the end of the year.
Justice Jerod Tufte was the only justice who did not express interest.
VandeWalle was elected chief justice five times since 1993. The chief justice is appointed to five-year terms. |
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Bolivians urge US court to restore $10M verdict on killings
Court Watch |
2019/11/19 19:46
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Bolivians asked a U.S. appeals court Tuesday to restore a $10 million jury verdict against a former president and defense minister of the South American nation over killings by security forces during 2003 unrest there.
Lawyers for a group of indigenous Bolivians told a three-judge panel of the 11th U.S. Circuit Court of Appeals that a Florida judge was wrong to set aside last year's verdict.
The jury found against former Bolivian President Gonzalo "Goni" Sanchez de Lozada and former defense minister, Jose Carlos Sanchez Berzain. Both have been living in the U.S. after fleeing Bolivia in 2003.
We have faith that the court of appeals will see what the Bolivian people and the American jury also saw: that Goni and Sánchez Berzaín are responsible for these killings, and that justice must be done," said Teófilo Baltazar Cerro, a plaintiff whose pregnant wife Teodosia was shot and killed during the unrest.
The judges did not indicate when they would rule. In the lawsuit, relatives of eight Bolivians who died claimed the two officials planned to kill thousands of civilians to crush political opposition during civil unrest known as the "Gas War." The lawsuit was filed under the Torture Victim Protection Act, which authorizes suits in the U.S. for extrajudicial killings.
The unrest erupted in the fall of 2003 as street protests in Bolivia over use of the country's vast natural gas reserves boiled over. Demonstrators threw up street blockades of flaming debris and rubble in several places including on the outskirts of the capital of La Paz, and violent clashes between police and security forces with the civilian protesters turned deadly.
At times, government forces intent on clearing street barricades fired on demonstrators, mainly in the El Alto municipality adjacent to La Paz, leading to deaths. Other fatalities were reported in confrontations between security forces and Bolivian miners marching to the capital in support of the protesters. Many of the civilian victims were indigenous Aymara Bolivians. |
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