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Lawyer: Clinton already answered every question on email use
Legal Interview | 2016/07/18 12:27
Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.

David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.

If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.

Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.



Appeals court orders Utah to fund Planned Parenthood branch
Legal Interview | 2016/07/08 12:28
The Utah governor’s order to block funding to Planned Parenthood probably was a political move designed to punish the group, a federal appeals court wrote in an ruling that ordered the state to keep the money flowing.

The 10th U.S. Circuit Court of Appeals in Denver decided Tuesday there’s a good chance the governor’s order violated the group’s constitutional rights.

Utah’s Republican Gov. Gary Herbert cut off cash last fall for sexually transmitted disease and sex education programs after the release of secretly recorded videos showing out-of-state employees discussing fetal tissue from abortions.

The head of the Planned Parenthood Association of Utah hailed the ruling as a victory for the clinic’s patients.

“Our doors are open today and they will be tomorrow — no matter what,” CEO Karrie Galloway said in a statement.

Herbert’s spokesman says the governor believes contract decisions should be made by the state and that he was disappointed in the ruling blocking the defunding order while Planned Parenthood’s lawsuit challenging it goes back to be heard by a lower court.

The state is considering its next legal steps, which could include asking the full 10th Circuit to reconsider the panel’s decision.

Herbert didn’t comment on a finding by two appeals court judges that he likely used the controversy to politically attack the group because it provides abortions. A third judge dissented and questioned whether Planned Parenthood would ultimately prevail.

Lawyers for the Utah branch argued it has never participated in fetal donation programs.



Court denies hospital's bid to perform brain death test
Legal Interview | 2016/07/03 12:28
The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.

The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.



Spain court orders Operation Puerto blood bags released
Law Blogs | 2016/06/15 15:08
A Spanish court ruled Tuesday that blood bags that are key evidence in one of Spain's worst doping scandals should be handed over to authorities for investigation.

The Madrid Provincial Court said bags containing blood samples and plasma should be handed over to the Spanish Cycling Federation, the World Anti-Doping Agency, the International Cycling Union and Italy's Olympic Committee.

The announcement came 10 years after Operation Puerto revealed a doping network involving some of the world's top cyclists when police seized coded blood bags from the Madrid clinic of sports doctor Eufemiano Fuentes.

The decision backed an appeal by lawyers for prosecuting parties against a 2013 court ruling that the bags should be destroyed for privacy reasons.

The court said Thursday's ruling "took into account that the goal is to fight against doping, which goes against sport's ethical values."

Not ordering the bags to be made available would have "generalized the danger of other sports people being tempted to dope themselves and sent a negative social message that the end justifies the means," the court said.

The 2013 order to destroy the blood bags outraged the sports community. Spain's anti-doping agency, the International Cycling Union and the World Anti-Doping Agency were among the entities that appealed.



Court upholds net neutrality rules on equal internet access
Court Watch | 2016/06/15 15:08
A federal appeals court on Tuesday upheld the government's "net neutrality" rules that require internet providers to treat all web traffic equally.

The 2-1 ruling from the U.S. Court of Appeals for the District of Columbia Circuit is a win for the Obama administration, consumer groups and content companies such as Netflix that want to prevent online content from being blocked or channeled into fast and slow lanes.

The rules treat broadband service like a public utility and prevent internet service providers from offering preferential treatment to sites that pay for faster service.

The Federal Communications Commission argued that the rules are crucial for allowing customers to go anywhere on the internet without a provider favoring its own service over that of other competitors. The FCC's move to reclassify broadband came after President Barack Obama publicly urged the commission to protect consumers by regulating internet service as it does other public utilities.

Cable and telecom opponents argue the new rules will prevent them from recovering costs for connecting to broadband hogs like Netflix that generate a huge amount of internet traffic. Providers like Comcast, Verizon and AT&T say the rules threaten innovation and undermine investment in broadband infrastructure.

But Judges David Tatel and Sri Srinivasan denied all challenges to the new rules, including claims that the FCC could not reclassify mobile broadband as a common carrier. That extends the reach of the new rules as more people view content on mobile devices.



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