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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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Trump lashes out at his former lawyer after guilty plea
Court News |
2018/08/24 10:39
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Facing a growing threat to his presidency, President Donald Trump lashed at his former personal lawyer Michael Cohen, a day after the onetime "fixer" implicated Trump in a campaign cover-up to buy the silence of women who said they had sexual relationships with him.
Trump on Wednesday accused Cohen of making up "stories in order to get a 'deal'" from federal prosecutors. Cohen pleaded guilty to campaign finance violations that the lawyer said he carried out in coordination with Trump.
"If anyone is looking for a good lawyer, I would strongly suggest that you don't retain the services of Michael Cohen!" Trump tweeted Wednesday.
Cohen's lawyer, Lanny Davis, said Wednesday that Cohen has information "that would be of interest" to the special counsel. Davis said Cohen is not looking for a presidential pardon.
"My observation is that the topics relating to hacking and the crime of hacking ... that there are subjects that Michael Cohen could address that would be of interest to the special counsel," Davis said in a series of television interviews.
Trump soon weighed in on Twitter, taking his shot at Cohen and praising Manafort, saying he has "such respect for a brave man!"
Manafort, Trump wrote, had "tremendous pressure on him and, unlike Michael Cohen, he refused to 'break.'"
But there was no doubt that Cohen's acknowledgement of a coordinated payoff scheme puts Trump's presidency on the defensive.
"It's going to be hard for the president to try to discredit all this. It's circling him," said David Weinstein, a former federal prosecutor who is not involved in the case.
Cohen and Manafort played prominent roles in Trump's political rise in 2016.
Cohen said once he'd take a bullet for Trump, and was intimately familiar with Trump's personal, business and political dealing for more than a decade. Cohen released a secretly recorded audio of Trump discussing a payout made via a third party to model Karen McDougal who says she had a sexual relationship with Trump in 2006. |
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Court won't remove judge, tells Meek Mill to appeal ruling
Legal Business |
2018/08/23 10:39
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The Pennsylvania Supreme Court has denied a motion from rapper Meek Mill to remove a Philadelphia judge from his case after she denied his request for a new trial.
The court said Tuesday Mill's attorneys must go through the regular process of appealing Judge Genece Brinkley's decision, despite their argument she'd been biased.
Mill, whose real name is Robert Rihmeek Williams, has asked that his decade-old drug and gun convictions be thrown out because of credibility issues with the officer who testified against him. His lawyers noted several other convictions involving the same officer have been thrown out by a different judge and the district attorney's office supported the request.
Mill's attorneys say they will now ask the state Superior Court to hear their appeal. An attorney for Brinkley says the denial is "absolutely no surprise."
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