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Court blocks small number of ballots in Pennsylvania over ID
Court News | 2020/11/13 01:02
A Pennsylvania judge sided with President Donald Trump’s campaign Thursday and ordered counties not to count a tiny number of mail-in or absentee ballots for which the voter didn’t submit valid identification within six days after the Nov. 3 election.

The injunction issued by Commonwealth Court Judge Mary Hannah Leavitt deals with an as-yet unknown number of ballots that may number a few thousand, or less.

While the Trump campaign’s general counsel, Matt Morgan, called the order a “win” for the campaign, the ballots affected may not have been tabulated yet and are unlikely to affect the outcome of the presidential race in Pennsylvania.

The court order affects a subset of about 10,000 ballots that arrived within a three-day period after polls closed Nov. 3, a period allowed by the state Supreme Court because of concerns over the pandemic and delays in the U.S. Postal Service.

Allegheny County, the state’s second-most populous county, did not have any ballots subject to the order, a spokesperson there said. Philadelphia had about 2,200 such ballots that may be subject to the order, a spokesperson there said.

In Thursday’s order, Leavitt agreed with a challenge by the Trump campaign and the Republican National Committee to guidance issued Nov. 1 by Pennsylvania’s top election official, Secretary of State Kathy Boockvar, a Democrat. In that guidance, Boockvar advised counties to allow voters to provide the necessary identification within nine days after the Nov. 3 election, or through Thursday.

That three-day extension was strictly for voters whose ballots that had arrived within a three-day grace period after Election Day allowed by the state Supreme Court.


Texas AG taps investigator tied to donor’s defense attorney
Court News | 2020/10/12 09:35
When Texas’ attorney general needed someone to probe a claim by one of his wealthy political donors alleging crimes by the FBI, he turned to a junior Houston lawyer with no prosecutorial experience, a modest criminal defense practice and ties to the donor’s defense attorney.

Republican Attorney General Ken Paxton said his own staff had been working to “impede the investigation” into real estate developer Nate Paul’s allegations against federal law enforcement. He explained that’s why he brought in an “outside independent prosecutor” to look into the case.

The move led Paxton’s top deputies last week to accuse him of bribery and abuse of office.  It’s unclear what underlies these allegations, and what would have recommended Brandon Cammack to handle the fraught investigation.

But Cammack’s contract shows he’s not independent of Paxton. And social media posts show Cammack and Paul’s defense attorney, Michael Wynne, are connected on Facebook and are both part of a Houston civics organization. The lawyers didn’t respond to questions about their connections.

Paxton’s choice of outside counsel raises further questions about a decision that has deepened political, and possibly legal, trouble for the attorney general. Paxton rose to national prominence during his time in office but also has spent most of it maintaining his innocence in the face of a felony indictment.

Cammack told Paxton’s staff in an early September email that “my firm does not have any conflicts of interest with regards to this investigation.” Paxton office did not respond to questions about the lawyer’s selection. The attorney general has resisted calls for his resignation and cast blame on “rogue employees and their false allegations.”

Cammack’s father said he thinks his son is being set up as a “scapegoat.”

“I think Paxton was looking for someone that could get beat up on. I think he might have been looking for an easy mark,” Samuel Cammack III said. “Brandon doesn’t even have the ability to do what Paxton was asking him to do.”

A 2015 University of Houston Law Center graduate, Cammack is being paid $300 an hour to look into the complaint from Paul, who gave Paxton a $25,000 campaign contribution in 2018. It’s unclear what the developer has alleged, but his claims came to light a year after the FBI searched his home and office.


Court blocks extension of Wisconsin absentee ballot deadline
Court News | 2020/10/08 20:37
A federal appeals court on Thursday blocked a decision to extend the deadline for counting absentee ballots by six days in battleground Wisconsin, in a win for Republicans who have fought attempts to expand voting across the country. If the ruling stands, absentee ballots will have to be delivered to Wisconsin election clerks by 8 p.m. on Election Day if they are to be counted.

The ruling makes it more likely that results of the presidential race in the pivotal swing state will be known within hours of poll closing.  Democrats almost certainly will appeal the decision to the U.S. Supreme Court. A spokesman and an attorney didn’t immediately respond to requests for comment.

Under state law, absentee ballots are due in local clerks’ offices by 8 p.m. on election night. But Democrats and allied groups sued to extend the deadline after the April presidential primary saw long lines, fewer polling places, a shortage of poll workers and thousands of ballots mailed days after the election. Wisconsin, like much of the rest of the country, is already seeing massive absentee voting for November and the state expects as many as 2 million people to vote absentee.

U.S. District Judge William Conley ruled last month that any ballots that arrive in clerk’s offices by Nov. 9 will be counted, as long as they are postmarked by Nov. 3. In that ruling, Conley noted the heavy absentee load and the possibility it could overwhelm election officials and the postal service.

The 7th Circuit Court judges initially upheld Conley’s ruling  on Sept. 29, rejecting the Republicans’ standing to intervene. After the Wisconsin Supreme Court affirmed that standing, the same three-judge panel delivered Thursday’s ruling. Justices Frank Easterbrook and Amy St. Eve voted to stay the order and Ilana Rovner opposed.


'Justice Joan' Larsen emerges as finalist for Supreme Court
Court News | 2020/09/24 22:04
One of the women on Donald Trump’s short list to succeed Ruth Bader Ginsburg on the U.S. Supreme Court got her first taste of politics as a college student stuffing envelopes for Democrat Joe Biden’s 1988 presidential run.

But, by 1996, Joan L. Larsen was volunteering for Republican Bob Dole, and today few doubt her conservative credentials, which includes a longtime affiliation with the Federalist Society.

Larsen is among a small group of female lawyers whom Trump is considering to replace Ginsburg, the liberal icon whose death last week gave conservatives a chance to move the court further to the right. White House officials say Trump was referring to Larsen when he said Monday his finalists included “a great one from Michigan.” On Tuesday, he called her “very talented” in an interview with a local television station.

In just five years, Joan L. Larsen has gone from a little-known University of Michigan legal scholar to a prominent federal appeals court judge and now a candidate for the high court.

Conservative activists hope that, if nominated and confirmed by the Senate, Larsen would carry on the legacy of her mentor, the late Justice Antonin Scalia, for whom she clerked in the early 1990s and eulogized after his 2016 death.

For Trump, picking Larsen could give him a boost in the critical battleground state of Michigan, where she has raised her two children, advanced her career and won election to the state Supreme Court.

Liberals fear that she would follow in Scalia’s footsteps by voting to overrule decisions that legalized abortion rights and gay marriage and other rulings that Scalia and his followers vociferously oppose.

At 52, Larsen would be a candidate who could serve on the high court for three decades or longer. Her father, Leonard Larsen, the retired CEO of a Lutheran social services agency, died in April at age 91. Her mother is 89.

Larsen’s rise began when Michigan's then-Republican Gov. Rick Snyder appointed her to fill a vacancy on the state Supreme Court in September 2015, praising her as a “superb attorney” who had experience in government, academia and private practice.


Shooting outside US court in Phoenix wounds federal officer
Court News | 2020/09/16 08:54
A drive-by shooting wounded a federal security officer outside the U.S. courthouse in downtown Phoenix on Tuesday, and a person was later taken into custody, authorities said. The officer was taken to a hospital and was expected to recover, according to city police and the FBI. Jill McCabe, a spokeswoman for the FBI’s Phoenix office, said someone was later detained and there was no indication of a further threat to the public.

The court security officer works for the U.S. Marshals Service and was struck in their protective vest, said a law enforcement official who spoke on condition of anonymity because they were not authorized to discuss the investigation publicly. Court security officers work under the direction of the U.S. Marshals Service but generally are employed by private security companies.

The FBI said it isn’t providing any more details as it investigates. Police had released a photo of a silver sedan spotted leaving the area around the Sandra Day O’Connor U.S. Courthouse. Hours after the shooting, a street surrounding the courthouse was closed to traffic, roped off by yellow tape with police officers standing on each corner. Armed federal officers talked outside the main entrance to the courthouse, which was still open to the public, according to a court clerk.

The shooting came after the weekend ambush of two Los Angeles County deputies. They were sitting in their parked vehicle when a man walked up to the passenger’s side and fired multiple rounds. The deputies were struck in the head and critically wounded but were expected to recover. The gunman hasn’t been captured, and a motive has not been determined. Federal courthouses have been flashpoints for recent violence, but it’s not clear who shot the officer in Phoenix or why.

In June, a federal security officer was shot and killed and his partner was wounded outside the federal courthouse in Oakland as they guarded the building during protests over racial injustice and police brutality. An Air Force sergeant was charged with the shooting, and prosecutors say he had ties to the far-right, anti-government “boogaloo” movement and used the protest as cover for the crime and his escape.

During demonstrations in Portland, Oregon, protesters and federal officers clashed at the federal courthouse, where people set fires and tossed fireworks and rocks, while federal authorities unleashed tear gas and made arrests.


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