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Trump nominates White House lawyer to important court seat
Lawyer World News | 2017/09/07 08:48
President Donald Trump has tapped one of his own White House attorneys for a judgeship on one of the most important federal appeals courts, opening the door for confirmation hearing questions about the legal controversies that dominated the first seven months of Trump's presidency.

Gregory Katsas was nominated Thursday to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Katsas, the deputy White House counsel, was a former Justice Department official under President George W. Bush. A biography on the White House's website says he has argued more than 75 appeals, including the constitutional challenge to President Barack Obama's Affordable Care Act before the Supreme Court.

He would replace the libertarian-leaning Judge Janice Rogers Brown, who retired this summer. The court is influential, in part because of its role in adjudicating many of the orders and laws put forth by the administration. It is sometimes called America's second highest court because it can be a stepping stone to the Supreme Court just a few blocks away.

Katsas, once a law clerk to Justice Thomas, has served in high-ranking Justice Department roles, including as head of the civil division that has responsibility for defending the administration's policies against court challenges. He is part of the steady stream of Jones Day law firm partners who have flowed into the Trump administration, including White House counsel Don McGahn.

So many Jones Day attorneys work in the White House that the counsel's office issued a blanket ethics waiver for them so that they can maintain contact with their former colleagues without running afoul of ethics provisions. The firm's lawyers continue to represent members of the Trump campaign outside the White House.


Access to license-plate data may be possible, court rules
Court and Trial | 2017/09/01 08:29
It would violate people's privacy to publicly release raw data collected by automated license plate readers that police use to determine whether vehicles are linked to crime, but there may be ways to make the information anonymous that would require it to be disclosed, the California Supreme Court said Thursday.

The ruling came in a lawsuit by the American Civil Liberties Union and Electronic Frontier Foundation that sought a week's worth of license plate data — millions of records — from the Los Angeles County Sheriff's Department and Los Angeles Police Department to "understand and educate the public on the risks to privacy posed" by license plate readers in the area.

A unanimous Supreme Court ordered a lower court to consider methods to make the data anonymous and determine whether any of those efforts would require its release.

Jennifer Lehman, assistant county counsel for Los Angeles County, said in a statement that the county was "concerned that even making the information anonymous could pose unique and unintended problems."

She said it would raise those concerns in detail when the case is heard again by the lower court.

A message to the Los Angeles city attorney was not immediately returned.

Law enforcement agencies nationwide are using license plate readers attached to patrol cars and objects such as traffic signals. The devices indiscriminately capture images of license plates that come into view. The information is passed through databases to instantly check whether the car or driver has been linked to crime.

Officials say the scans are useful in tracking stolen vehicles, missing children and people wanted by police. For instance, authorities chasing a suspect in a fatal shooting at Delta State University in Mississippi in 2015 used an automatic license plate reader to track the man as he traveled across state lines.

Privacy advocates say the systems overwhelmingly capture innocent drivers, recording information about their locations that could be used to track their habits and whereabouts.


Indiana high court hearing appeal in children's fire deaths
Court and Trial | 2017/09/01 08:29
The Indiana Supreme Court will hear arguments in the appeal of a man sentenced to death for setting a fire that killed his fiancee's two children.

A Clark County jury convicted 41-year-old Jeffrey Weisheit on murder and arson charges in 2013 for the 2010 deaths of 5-year-old Caleb Lynch and 8-year-old Alyssa Lynch at the family's home near Evansville.

The Supreme Court is to take up his appeal on Sept. 7. Weisheit is arguing he wasn't adequately represented by his defense attorneys during his trial.

Weisheit admitted during the trial that he stuffed a dish towel into Caleb's mouth and used duct tape to pin back the boy's arms before leaving the children alone about 1 a.m. while their mother was at work, but he denied setting the fire.


Israeli protesters erect golden statue of High Court chief
Recent Court Cases | 2017/08/31 08:30
Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group.

Police quickly removed the statue of Miram Naor, raised outside the court overnight, but after questioning some suspects, said no criminal activity had occurred.

Derech Chaim, which wants to impose Jewish religious law in Israel, said it had put up the statue to protest what one activist called the court's "dictatorship." Many Israeli hardliners consider the court to be excessively liberal and interventionist.

Ariel Gruner, a Derech Chaim activist, said the statue was erected in response to a court ruling this week over the country's treatment of African migrants. The ruling said that while Israel can transfer migrants to a third country, it cannot incarcerate them for more than 60 days to pressure them to leave.

The ruling is among a series of decisions that "eliminates the possibility of elected officials, of the government, to make decisions and rule," Gruner said.

He acknowledged that the statue had been inspired by a golden statue of Prime Minister Benjamin Netanyahu erected by a left-wing artist in a main Tel Aviv square last year.


Court: Cherokee Freedmen have right to tribal citizenship
Attorney Legal Opinions | 2017/08/31 08:29
Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.

U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.

Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.

But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls.




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