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Trump trial: accountant testifies, Michael Cohen postpones
Topics in Legal News | 2023/10/23 13:11
Donald Trump returned Tuesday to the civil fraud trial that imperils his real estate empire, watching and deploring the case as an employee and an outside appraiser testified that his company essentially put a thumb on the scale when sizing up his properties’ value.

Incensed by a case that disputes his net worth and could strip him of such signature holdings as Trump Tower, the former president is due to testify later in the trial. But he chose to attend the first three days and came back Tuesday to observe — and to protest his treatment to the news cameras waiting outside the Manhattan courtroom.

Star witness Michael Cohen, a onetime Trump fixer now turned foe, postponed his scheduled testimony because of a health problem.

Instead, Trump company accountant Donna Kidder testified that she was told to make some assumptions favorable to the firm on internal financial spreadsheets. Outside appraiser Doug Larson said he didn’t suggest or condone a former Trump Organization comptroller’s methods of valuing properties.

“It doesn’t make sense,” Larson said of the way the ex-controller reached a $287.6 million value for a prominent Trump-owned retail space in 2013.

Trump, outside court, reiterated his insistence that he’s done nothing wrong and that New York Attorney General Letitia James’ lawsuit is a political vendetta designed to drag down his 2024 presidential campaign as he leads the Republican field.

“We built a great company — a lot of cash, it’s got a lot of great assets, some of the greatest real estate assets anywhere in the world,” Trump said outside the courtroom. He dismissed the case as “a disgrace,” the legal system as “corrupt” and the Democratic attorney general as a “radical lunatic.”

James’ lawsuit alleges that Trump and his company deceived banks, insurers and others by massively overvaluing his assets and inflating his net worth on his financial statements.


Court upholds judge’s finding that Tesla acquisition of Solar City was fair
Topics in Legal News | 2023/10/16 17:41
The Supreme Court on Monday ordered two internet sellers of gun parts to comply with a Biden administration regulation aimed at ghost guns, firearms that are difficult to trace because they lack serial numbers.

The court had intervened once before, by a 5-4 vote in August, to keep the regulation in effect after it had been invalidated by a lower court. No justice dissented publicly from Monday’s order, which followed a ruling from a federal judge in Texas that exempted the two companies, Blackhawk Manufacturing Group and Defense Distributed, from having to abide by the regulation of ghost gun kits.

Other makers of gun parts also had been seeking similar court orders, the administration told the Supreme Court in a filing.

“Absent relief from this Court, therefore, untraceable ghost guns will remain widely available to anyone with a computer and a credit card — no background check required,” Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer, wrote.

The regulation changed the definition of a firearm under federal law to include unfinished parts, like the frame of a handgun or the receiver of a long gun, so they can be tracked more easily. Those parts must be licensed and include serial numbers. Manufacturers must also run background checks before a sale - as they do with other commercially made firearms.

The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers.

The regulation will be in effect while the administration appeals the judge’s ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.


Progressive Councilmember Freddie O’Connell wins Nashville mayor’s race
Topics in Legal News | 2023/09/22 15:46
Freddie O’Connell, a progressive member of Nashville’s metro council, has resoundingly won the race to become the next mayor of the Democratic-leaning city, according to unofficial results.

Results from the Davidson County Election Commission show O’Connell defeated conservative candidate Alice Rolli in Thursday’s runoff election by a wide margin, with all precincts reporting. Candidates in the race do not run with party affiliations.

Since 2015, O’Connell has served on the combined city-county government’s council, representing a district that covers downtown Nashville. He succeeds Mayor John Cooper, who decided not to seek reelection.

O’Connell, whose campaign touted him as the “only truly progressive candidate running for mayor,” said he wants to make the city “more ’ville and less Vegas,” a reference to the “Nashvegas” moniker sometimes used to liken the huge boom in tourism in the city to Las Vegas.

“Every part of this city deserves the public resources that bind neighborhoods and neighbors together — schools, parks and libraries,” O’Connell said in a victory speech. “And when we do that, our interactions with our local government should leave us feeling satisfied that a real person worked to solve our issue.”

Down the ballot, Olivia Hill won an at-large metro council seat to make history as the first transgender candidate to be elected to office in Tennessee, according to the LGBTQ+ Victory Fund. Hill’s victory stands in contrast to Tennessee’s Republican leadership in state government, where lawmakers have passed a series of restrictions on the rights of transgender people.


The initial online search spurring a raid on a Kansas paper was legal
Topics in Legal News | 2023/08/22 09:26
The initial online search of a state website that led a central Kansas police chief to raid a local weekly newspaper was legal, a spokesperson for the agency that maintains the site said Monday, as the newspaper remains under investigation.

Earlier this month, after a local restaurant owner accused the Marion County Record of illegally accessing information about her, the Marion police chief obtained warrants to search the newspaper’s offices and the home of its publisher, as well as the home of a City Council member who also accessed the driver’s license database.

The police chief led the Aug. 11 raids and said in the affidavits used to obtain the warrants that he had probable cause to believe that the newspaper and the City Council member had violated state laws against identity theft or computer crimes.

Both the City Council member and the newspaper have said they received a copy of the document about the status of the restaurant owner’s license without soliciting it. The document disclosed the restaurant’s license number and her date of birth, information required to check the status of a person’s license online and gain access to a more complete driving record. The police chief maintains they broke state laws to do that, while the newspaper and Herbel’s attorneys say they didn’t.

The raid on the Record put it and its hometown of about 1,900 residents in the center of a debate about press freedoms protected by the First Amendment to the U.S. Constitution and Kansas’ Bill of Rights. It also exposed divisions in the town over local politics and the newspaper’s coverage of the community and put an intense spotlight on Police Chief Gideon Cody.

Department of Revenue spokesperson Zack Denney said it’s legal to access the driver’s license database online using information obtained independently. The department’s Division of Vehicles issues licenses.

“That’s legal,” he said. “The website is public facing, and anyone can use it.”

The Kansas Bureau of Investigation continues to probe the newspaper’s actions. The KBI reports to state Attorney General Kris Kobach, a Republican, while the Department of Revenue is under Democratic Gov. Laura Kelly’s authority.


McCarthy floats stopgap funding to prevent a government shutdown
Topics in Legal News | 2023/08/16 14:42
Congressional leaders are pitching a stopgap government funding package to avoid a federal shutdown after next month, acknowledging the House and Senate are nowhere near agreement on spending levels to keep federal operations running.

House Speaker Kevin McCarthy raised the idea of a months-long funding package, known as a continuing resolution, to House Republicans on a members-only call Monday evening, according to those familiar with the private session and granted anonymity to discuss it.

On Tuesday, Senate Majority Leader Chuck Schumer said the two leaders had spoken about such a temporary measure. It would extend federal funding operations into December to allow more time to work on the annual spending bills.

“I thought it was a good thing that he recognized that we need a CR,” Schumer, D-N.Y., told reporters on a call. “We hope that our House Republicans will realize that any funding resolution has to be bipartisan or they will risk shutting down the government,” he said.

A stopgap measure that would keep government offices running past the Sept. 30 end of the fiscal year is a typical strategy while the Republican-held House and Democrat-held Senate try to iron out a long-term budget agreement. The government’s new fiscal year begins on Oct. 1, when funding approval is needed to avert closures of federal offices.

But this year, the task may prove more politically difficult. McCarthy will need to win over a large portion of his Republican colleagues to pass the stopgap bill or risk political blowback from staunch conservatives if he leaves them behind and cuts a bipartisan deal with Democrats.

Conservatives, including many from the House Freedom Caucus, are usually loathe to get behind short-term funding measures as they push for steeper spending cuts, using the threat of a shutdown as leverage.


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