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Supreme Court to hear closely watched double jeopardy case
Topics in Legal News |
2018/12/06 14:02
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The Supreme Court is set to hear arguments about an exception to the Constitution's ban on being tried for the same offense. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.
The justices are taking up an appeal Thursday from federal prison inmate Terance Gamble. He was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.
The high court is considering whether to overturn a court-created exception to the Constitution's double-jeopardy bar that allows state and federal prosecutions for the same crime. The court's ruling could be relevant if President Donald Trump were to pardon someone implicated in
Supreme Court lawyer Tom Goldstein joked at a Washington event before the term began in October that the high court case should be called New York v. Manafort, a reference to former Trump campaign manager Paul Manafort. Trump has refused to rule out an eventual pardon for Manafort, who has been convicted of federal financial fraud and conspiracy crimes. It's by no means certain that the high court ruling will affect future prosecutions.
But Trump's Justice Department is urging the court not to depart from what it says is an unbroken line of cases reaching back nearly 170 years in favor of allowing prosecutions by state and federal authorities. Thirty-six states that include Republican-led Texas and Democratic-led New York are on the administration's side, as are advocates for Native American women who worry that a decision for Gamble would make it harder to prosecute domestic and sexual violence crimes.
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Indian court orders Briton held during copter bribery probe
Topics in Legal News |
2018/12/03 11:04
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An Indian court on Wednesday ruled that officials may hold a British man while they investigate him for alleged bribery in a canceled $670 million helicopter deal between India and an Italian defense company.
Judge Arvind Kumar allowed Briton Christian James Michel to meet briefly with his attorney, who sought unsuccessfully to have him released on bail while the charges are investigated. Michel was extradited to India from Dubai on Tuesday to face charges of channeling bribes to Indian contacts.
Michel was detained in Dubai last year after India asked the United Arab Emirates for his extradition.
Indian investigators said in court documents that Michel transferred the money from a British subsidiary of Finmeccanica, which has since been renamed Leonardo S.p.A.
In 2014, India received three of 12 AW101 helicopters it had ordered to fly senior officials but then halted the deal after the bribery allegations surfaced.
The Central Bureau of Investigation said Michel was a frequent visitor to India when the deal was being negotiated and "was operating as a middleman for defense procurements through a wide network of sources cultivated in the Indian Air Force and Ministry of Defense at different levels, including retired and serving officials."
Indian investigators want Michel to reveal the names of Indian politicians involved in the alleged scheme. The opposition Congress party was ruling the country at the time.
With national elections due in March-April, Prime Minister Narendra Modi's Hindu nationalist party is expected to try to embarrass the Congress party, its main rival, if Michel names some of its leaders as beneficiaries in the helicopter deal. |
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Lump of coal? Taxes more likely for online gifts this season
Court News |
2018/12/01 14:00
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Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.
A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.
"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.
Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.
Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.
Now, states can force out-of-state sellers to collect sales tax if they're doing a fair amount of business in the state. That means retailers such as Overstock.com, home goods company Wayfair and electronics retailer Newegg can be required to collect tax in more states. Those companies were involved in the case before the Supreme Court, but a wide range of businesses from jewelry website Blue Nile to clothing and outdoor company L.L. Bean and electronics retailer B&H Photo-Video are also affected.
Before the Supreme Court's decision, Overstock was collecting sales tax in eight states. Now, it's collecting sales tax nationwide. Jonathan Johnson, a member of Overstock's board of directors, said a small number of customers reached out to ask about the change when it happened but the company now hasn't had a question about it in months. Wayfair, for its part, was collecting sales tax in 25 states before the decision. Now it's collecting sales tax in 36 of the 45 states with a sales tax. |
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Lawyer for WikiLeaks’ Assange says he would fight charges
Legal Interview |
2018/11/28 13:57
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WikiLeaks founder Julian Assange will not willingly travel to the United States to face charges filed under seal against him, one of his lawyers said, foreshadowing a possible fight over extradition for a central figure in the U.S. special counsel’s Russia-Trump investigation.
Assange, who has taken cover in the Ecuadorian Embassy in London, where he has been granted asylum, has speculated publicly for years that the Justice Department had brought secret criminal charges against him for revealing highly sensitive government information on his website.
That hypothesis appeared closer to reality after prosecutors, in an errant court filing in an unrelated case, inadvertently revealed the existence of sealed charges. The filing, discovered Thursday night, said the charges and arrest warrant “would need to remain sealed until Assange is arrested in connection with the charges in the criminal complaint and can therefore no longer evade or avoid arrest and extradition in this matter.”
A person familiar with the matter, speaking on condition of anonymity because the case had not been made public, confirmed that charges had been filed under seal. The exact charges Assange faces and when they might be unsealed remained uncertain Friday.
Any charges against him could help illuminate whether Russia coordinated with the Trump campaign to sway the 2016 presidential election. They also would suggest that, after years of internal Justice Department wrangling, prosecutors have decided to take a more aggressive tack against WikiLeaks.
A criminal case also holds the potential to expose the practices of a radical transparency activist who has been under U.S. government scrutiny for years and at the center of some of the most explosive disclosures of stolen information in the last decade.
Those include thousands of military and State Department cables from Army Pvt. Bradley (now Chelsea) Manning, secret CIA hacking tools, and most recently and notoriously, Democratic emails that were published in the weeks before the 2016 presidential election and that U.S. intelligence officials say had been hacked by Russia.
Federal special counsel Robert Mueller, who has already charged 12 Russian military intelligence officers with hacking, has been investigating whether any Trump associates had advance knowledge of the stolen emails. |
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Mexico's high court tosses law on policing by military
Court Watch |
2018/11/27 13:55
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Mexico's Supreme Court invalidated a controversial law signed last year that created a legal framework for the military to work in a policing role in much of the country, ruling Thursday that the measure violated the constitution by trying to normalize the use of the armed forces in public safety.
Deep-rooted corruption and ineffectiveness among local and state police forces has led Mexico to rely heavily on the military to combat drug cartels in parts of the country.
But military commanders have long expressed uneasiness about what was essentially an open-ended policing mission. The armed forces have been implicated in a number of human rights abuse cases.
On Wednesday, President-elect Andres Manuel Lopez Obrador announced a security plan that would also lean on the military. He proposed forming a National Guard initially made up of elements from the navy and army police as well as federal police.
After drawing a raft of criticism, especially from human rights groups, Lopez Obrador sought on Thursday to distinguish between his plan and his predecessors'. He said congress would seek a constitutional reform to allow it.
"Because I don't want to use the army and the navy like they have been doing for public safety work if they are not authorized to carry out those functions," Lopez Obrador said.
But the international human rights group Amnesty International said the Supreme Court's decision should cause Lopez Obrador to rethink his security plan. |
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