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Russian authorities asks court to block messaging app
Legal Interview | 2018/04/06 12:31
Russia's communications watchdog says it has asked a court to block access to a popular messaging app.

The Russian Communications Agency said on Friday it has filed a lawsuit against the messaging app Telegram after it refused to hand over encryption keys to Russian intelligence.

The announcement follows a months-long row between Telegram and Russian authorities, who insist they need access to the keys to investigate serious crimes including terrorist attacks.

Russia's Supreme Court last month threw out an appeal by Telegram against demands from the Federal Security Service intelligence agency to provide access to user data.

Telegram argues that the FSB violates consumer rights, while authorities say the app has been used by violent extremists.



Courts: Bail reform working, but sustainable funding needed
Legal Interview | 2018/02/18 22:56
The number of defendants being held before trial since New Jersey overhauled its bail system last year dropped by 20 percent, but the judge overseeing the program says it faces financial difficulties.

A report submitted last week by Judge Glenn Grant, who runs the state's court system, also shows the program faces financial difficulties because it relies on court fees instead of a "stable sustainable funding stream."

Proponents say the reforms championed by former Republican Gov. Chris Christie keep violent offenders detained until trial while providing poor, low-level defendants the opportunity to be freed.

But critics — including some lawmakers, law enforcement officials and the bail bond industry — say it has led to the quick release of some who weren't deemed a threat but were soon re-arrested on new charges.

The data shows 44,319 people were issued complaint warrants in New Jersey last year. Prosecutors sought to have 19,366 defendants detained until trial, but only 8,043 of those people were ordered held.

That means the state's pretrial jail population dropped by 20 percent from January 2017 to January 2018, and by 35 percent from January 2015 to January 2018.

At least two lawsuits have been filed seeking to overturn the changes, including one from a group backed by reality TV star Dog the Bounty Hunter.


Top Pakistani court orders arrest of escaped police officer
Legal Interview | 2018/01/25 10:01
Pakistan's Supreme Court gave police three days to arrest an absconding officer who is involved in killing an aspiring model in a 'fake shootout', a lawyer said Saturday.

Attorney Nazeer Mehsud says suspended police officer Rao Anwar did not appear at a hearing Saturday. Chief justice Mian Saqib Nisar ordered his arrest and asked the Sindh police chief to summon him before him.

Anwar is accused killing of an aspiring social media model, Naqeebullah Mehsud, in a controversial shootout earlier this month. Anwar had maintained that Mehsud was a militant belonging to the Tehreek-i-Taliban Pakistan group, without providing evidence to support the claim. He went into hiding when an investigation found Mehsud to be innocent and said the shootout was staged.

Sanaullah Abbasi, a senior police officer, earlier told The Associated Press that Naqeebullah Mehsud was not linked to militants as claimed by Anwar.

Anwar gained prominence in recent years for several shootouts with alleged terrorists in which neither him nor any of his team members were hurt. Mehsud, from Waziristan and a father of three, was the latest victim of Anwar's last shootout.

Mehsud's death triggered violent protests in his eastern Karachi and a protest sit-in by Mehsud tribe's is still ongoing. "My son Naqeeb was innocent, he was righteous. Rao Anwar is a tyrant who killed my son," said Muhammad Ahmed Mehsud, Mehsud's father, adding that he was overwhelmed by the support he received for his son.



Pennsylvania GOP take gerrymandering case to US high court
Legal Interview | 2018/01/22 10:01
Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.

Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.

The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."

Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.

Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.

Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.

They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander.


Pennsylvania court throws out congressional boundaries
Legal Interview | 2018/01/11 10:04
The Pennsylvania Supreme Court struck down the state's widely criticized congressional map Monday, granting a major victory to Democrats who alleged the 18 districts were unconstitutionally gerrymandered to benefit Republicans and setting off a scramble to draw a new map.

In the Democratic-controlled court's decision, the majority said the boundaries "clearly, plainly and palpably" violate the state's constitution and blocked the boundaries from remaining in effect for the 2018 elections with just weeks until dozens of people file paperwork to run for Congress.

The justices gave the Republican-controlled Legislature until Feb. 9 to pass a replacement and Democratic Gov. Tom Wolf until Feb. 15 to submit it to the court. Otherwise, the justices said they will adopt a plan in an effort to keep the May 15 primary election on track.

The decision comes amid a national tide of gerrymandering cases, including some that have reached the U.S. Supreme Court.

Democrats cheered the decision to toss out a Republican-drawn map used in three general elections going back to 2012. The map, they say, gave Republicans crucial help in securing 13 of 18 seats in a state where registered Democratic voters outnumber Republicans 5 to 4.

"We won the whole thing," said David Gersch of the Arnold & Porter Kaye Scholer law firm in Washington, D.C., which is helping represent the group of registered Democrats who filed the lawsuit last June.

The defendants — top Republican lawmakers — said they would ask the U.S. Supreme Court this week to step in and put the decision on hold. The state court's decision lacks clarity, precedent and respect for the constitution and would introduce chaos into the state's congressional races, they said.

The Senate's top Republican lawyer, Drew Crompton, called the timeline to draw new districts "borderline unworkable," but said Republicans will do everything they can to comply.





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