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Edwards takes treasurer to court over blocked fund transfer
Court Watch | 2020/02/03 19:33
Gov. John Bel Edwards sued Louisiana's state treasurer Friday for blocking a $25 million fund transfer the governor and lawmakers earmarked for government operating expenses, asking the courts to settle who has ultimate authority over the dollars.

Republican state Treasurer John Schroder repeatedly said if the Democratic governor wanted to spend the unclaimed property dollars included in the state's budget, he'd have to take him to court. After months of disagreement, Edwards complied, filing the lawsuit requesting a judge to declare Schroder's actions are illegal.

Lawmakers appropriated the unclaimed property dollars in Louisiana's $30 billion-plus operating budget. But Schroder has refused to shift the money for spending, and he similarly blocked a $15 million fund transfer last year.

“He doesn't have the discretion not to abide by an appropriation that has been lawfully made by the Legislature,” the governor said ahead of the lawsuit's filing in Baton Rouge district court.

Louisiana collects unclaimed dollars from old savings accounts, payroll checks, stocks and dividends, insurance proceeds, oil royalty payments and utility deposits on behalf of residents. The treasurer's office, designated as custodian of the property, tries to locate people owed the cash and return the money.

Though governors and lawmakers for decades have spent money from the unclaimed property escrow account on programs and services, Schroder said he and his office's lawyers don't believe Louisiana law permits the transfers.


Wood County commissioner reprimanded by Supreme Court
Court Watch | 2020/01/28 10:50
The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.

The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.

The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.

During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said.


WikiLeaks' Assange in UK court fighting extradition to USA
Court Watch | 2020/01/09 10:52
WikiLeaks founder Julian Assange made a brief court appearance Monday in his bid to prevent extradition to the United States to face serious espionage charges.

He and his lawyers complained they weren't being given enough time to meet to plan their battle against U.S. prosecutors seeking to put him on trial for WikiLeaks' publication of hundreds of thousands of confidential documents.

The 48-year-old was brought to court from Belmarsh Prison on the outskirts of London. He saluted the public gallery, which was packed with ardent supporters including the musician MIA, when he entered the courtroom. He later raised his right fist in defiance when he was taken to holding cells to meet with lawyer Gareth Peirce.

Peirce said officials at Belmarsh Prison are making it extremely difficult for her to meet with Assange.

“We have pushed Belmarsh in every way ?- it is a breach of a defendant's rights,” she said.

Assange refrained from making political statements. He confirmed his name and date of birth, and at one point said he didn't understand all of the proceedings against him during the brief hearing at Westminster Magistrates' Court.

He faces 18 charges in the U.S., including conspiring to hack into a Pentagon computer. He has denied wrongdoing, claiming he was acting as a journalist entitled to First Amendment protection.

Many advocacy groups have supported Assange's claim that the charges would have a chilling effect on freedom of the press.


Court Will Hear Trump's Pleas to Keep Financial Records Private
Court Watch | 2019/12/14 13:12
The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.


Afghanistan probe appeal begins at Hague international court
Court Watch | 2019/12/03 00:36
The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.

Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”

In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.

In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.

The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.

“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.

The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.



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