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Israeli court allows entry to Hamas kin for medical care
Legal Business |
2018/08/31 13:49
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Israel's Supreme Court has ruled that five critically ill women from Gaza may enter Israel for urgent medical treatment despite a government decision preventing relatives of Hamas members from doing so.
The five women appealed to the court last month after their requests to enter Israel were rejected on the grounds of their relation to Hamas members.
The government decision denies entry for health care to relatives of Hamas members and is meant to exert pressure Gaza's rulers who currently hold the remains of two Israeli soldiers.
The court ruled late Sunday that the government decision was unreasonable and could not stand up to a legal test.
Four human rights groups representing the women said the government was using them and others seeking care unavailable in Gaza as "bargaining chips."
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Austrian court's approval for spy agency raid was illegal
Topics in Legal News |
2018/08/28 10:40
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Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal.
The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified because the necessary information could have been obtained if police had simply asked for it. It also ruled that the search of three BVT employees' homes wasn't warranted, though a fourth was.
The raid, which was part of a probe into alleged misconduct by BVT staff, sparked a political storm earlier this year.
Opposition parties accused the government of attempting to purge political enemies. The Vienna court ruling didn't rule on whether evidence seized in the raid should be destroyed. |
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Kavanaugh's support for surveilling Americans raises concern
Attorney News |
2018/08/27 10:40
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Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.
It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.
Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.
But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.
Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."
Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.
"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.
Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.
Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context. |
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Zimbabwe court to rule Friday on opposition's vote challenge
Headline Legal News |
2018/08/26 10:39
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Zimbabwe's Constitutional Court said it will rule on Friday after hearing the main opposition party's challenge to the results of last month's presidential election, the first without longtime leader Robert Mugabe on the ballot.
Police barricaded streets in the capital, Harare, on Wednesday amid high tensions over the case which will decide if the victory of President Emmerson Mnangagwa, a former Mugabe enforcer, is valid. The opposition claims "gross mathematical errors" and seeks a fresh election or a declaration that its candidate, 40-year-old Nelson Chamisa, won.
The Zimbabwe Electoral Commission declared Mnangagwa narrowly won with 50.8 percent of the vote, avoiding a runoff. It said Chamisa received 44.3 percent.
Many hoped the peaceful vote on July 30 would launch a new era for Zimbabwe after Mugabe stepped down in November under military pressure, but two days later six people were killed when troops swept into the capital to disperse opposition protesters.
Western election observers and diplomats condemned the "excessive" use of force. European Union election observers were in court on Wednesday; the 75-year-old Mnangagwa badly needs a credible electoral process as a key step in removing international sanctions.
The opposition claims the electoral commission bumped up Mnangagwa's figures through double counts and the creation of "ghost" polling stations. It also alleges that some polling stations recorded more voters than those registered.
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West Virginia House speaker resigns to run for Supreme Court
Court News |
2018/08/25 10:39
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West Virginia's Republican House speaker resigned Tuesday to run for a vacancy on the state Supreme Court, fueling accusations by Democrats that an unprecedented move to impeach state Supreme Court justices represents a power grab by GOP lawmakers.
Speaker Tim Armstead disclosed his plans on Twitter. Though the secretary of state's office has said he's not required to resign, Armstead said he was doing so to make sure his candidacy is above question.
House lawmakers recently impeached four of the court's five justices, prompting one to resign. All four were ordered Tuesday to appear in the Senate on Sept. 11 to answer accusations against them. The impeachment probe was sparked by questions involving more than $3 million in renovations to the justices' offices and expanded to broader accusations of corruption, incompetence and neglect of duty.
Armstead had recused himself from the House debate over impeachment because he had previously expressed interest in serving on the court. More recently, he and U.S. Rep. Evan Jenkins, a Republican who is not seeking re-election and lost in his bid for the U.S. Senate this spring, both applied to be considered for temporary appointments to the Supreme Court by Gov. Jim Justice. Those appointments would last until the November election is certified.
Jenkins has declared himself a candidate for a different seat on the court in the November election, which is officially nonpartisan. |
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