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Court hears testimony on whether Assange was spied on
Court and Trial | 2020/07/25 08:58
Spain’s National Court heard testimony Monday in an investigation into whether a Spanish company was hired to spy on Julian Assange during the seven years the WikiLeaks founder spent in the Ecuadorean Embassy in London.

The court is investigating whether David Morales, a Spaniard, and his Undercover Global S.L. security agency invaded the privacy of Assange and his visitors at the embassy by secretly recording their meetings. The intelligence that Morales’ company collected is suspected of being handed over to third parties, according to court papers.

Among those set to face the court's questions Monday were prominent Spanish lawyer Baltasar Garzon, who is part of Assange’s legal team; former Ecuadorean consul in London Fidel Narvaez; and Stella Morris, a legal adviser and Assange’s partner, who revealed earlier this year that she had two children with him while he lived in the embassy. Staff of the Spanish security company are due to testify on Tuesday.

Assange, whose lawyers filed a complaint at the court to trigger the investigation, is in a British prison after being removed from the embassy last year. He is fighting extradition to the United States, where he faces espionage charges over the activities of WikiLeaks.

The court is conducting an investigation, begun last year, before deciding whether there is evidence of wrongdoing that warrants a trial.

Undercover Global, also known as UC Global, was hired by Ecuador’s government to provide security at the Ecuadorean embassy in London between 2015 and 2018. Its main task was to secure the property’s perimeter, including the deployment of security staff, due to Assange’s presence inside, court papers say.


California court upholds verdict in Monsanto cancer case
Court and Trial | 2020/07/22 10:52
A California appeals court on Monday upheld a groundbreaking verdict that Monsanto’s widely used weed killer caused cancer in a school groundskeeper but the panel also slashed the damage award from $78.5 million to $21.5 million.

The 1st District Court of Appeal said there was evidence to support a California jury’s 2018 decision that “Monsanto acted with a conscious disregard for public safety,” but it reduced the damages to Dewayne Johnson of Vallejo because state law doesn’t allow damages for reduced life expectancy, the San Francisco Chronicle reported.

The original San Francisco Superior Court jury found that St. Louis-based Monsanto had purposely ignored warnings and evidence that glyphosate, the active ingredient in its popular Roundup and Ranger Pro products, causes cancer.

Johnson, then 46, alleged that his non-Hodgkin’s lymphoma was caused by his years of spraying Ranger Pro on school grounds in Benicia.

Jurors awarded Johnson $289.2 million but a judge later reduced the punitive damages, knocking down the total to $78.5 million.

In further reducing the total award, the appellate court ruled 3-0 that state law entitled Johnson only to compensation for future harm he was “reasonably certain” to suffer. He had been given only two to three years to live.

R. Brent Wisner, a lawyer for Johnson, said the ruling was an overall victory but the court shouldn’t have reduced the damage award.

“This effectively rewards a defendant for killing a plaintiff, as opposed to just injuring him,” Wisner told the Chronicle.

Bayer AG, the German corporation that owns Monsanto, called the reduction “a step in the right direction” but said the appellate panel should have thrown out the verdict and said it may appeal to the California Supreme Court.


Given a chance, Trump would push court pick before election
Court and Trial | 2020/07/17 08:25
President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.

The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire.

The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come.

Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term.

Four years ago, also in a presidential election year, the GOP-controlled Senate refused to vote when President Barack Obama, a Democrat, nominated Merrick Garland, a federal judge, to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.



Ex-Trump lawyer Michael Cohen back in federal prison
Court and Trial | 2020/07/12 12:05
President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic.

Records obtained by The Associated Press said Cohen was ordered into custody after he “failed to agree to the terms of Federal Location Monitoring” in Manhattan.

But Cohen’s attorneys disputed that, saying Cohen took issue with a condition of his home confinement that forbid him from speaking with the media and publishing a tell-all book he began working on in federal prison. The rules also prohibited him from “posting on social media,” the records show.

“The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” the document says.

Cohen has written a tell-all book that he had been preparing to publish about his time working for the Trump Organization, his lawyers said.

“Cohen was sure this was written just for him,” his attorney, Jeffrey Levine, said of the home confinement conditions. “I’ve never seen anything like this.”

A Justice Department official pushed back on that characterization and said Cohen had refused to accept the terms of home confinement, specifically that he submit to wearing an ankle monitor. The official could not discuss the matter publicly and spoke to AP on condition of anonymity.

Cohen legal adviser Lanny Davis called that “completely false,” adding that “at no time did Michael ever object to the ankle bracelet.”

Cohen later agreed to accept all of the requirements of home confinement but was taken into custody nevertheless, Davis said. “He stands willing to sign the entire document if that’s what it takes” to be released.


Court: Some employers can refuse to offer free birth control
Court and Trial | 2020/07/07 12:07
The Supreme Court ruled broadly Wednesday in favor of the religious rights of employers in two cases that could leave more than 70,000 women without free contraception and tens of thousands of people with no way to sue for job discrimination.

In both cases the court ruled 7-2, with two liberal justices joining conservatives in favor of the Trump administration and religious employers.

In the more prominent of the two cases, involving President Barack Obama’s health care overhaul, the justices greenlighted changes the Trump administration had sought. The administration announced in 2017 that it would allow more employers to opt out of providing the no-cost birth control coverage required under the law,  but lower courts had blocked the changes.

The ruling is a significant election-year win for President Donald Trump, who counts on heavy support from evangelicals and other Christian groups for votes and policy backing. It was also good news for the administration, which in recent weeks has seen headline-making Supreme Court decisions go against its positions.

In one of those earlier cases, the court  rejected Trump’s effort to end legal protections for 650,000 young immigrants. In another, the justices said a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment.

Another particularly important decision for Trump is ahead. The justices are expected to announce Thursday whether Congress and the Manhattan district attorney can see the president’s taxes and other financial records he has fought to keep private.

In its second big ruling on Wednesday, the court sided with two Catholic schools in California in a decision underscoring that certain employees of religious schools can’t sue for employment discrimination.


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