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Russian court extends arrest for American accused of spying
Court and Trial |
2019/05/22 15:22
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A Russian court on Friday extended the arrest for a former U.S. Marine charged with espionage, who complained in court about abuse in custody.
Paul Whelan was arrested at the end of December in a hotel room in the Russian capital of Moscow where he was attending a wedding. He was charged with espionage, which carries up to 20 years in prison in Russia.
Whelan denies the charges of spying for the U.S. that his lawyers said stem from a sting operation. Whelan’s lawyer has said his client was handed a flash drive that had classified information on it that he didn’t know about.
The court ruled Friday to keep the Michigan resident, who also holds British, Irish and Canadian citizenship, behind bars for three more months.
Whelan told reporters in court that he has been threatened and subjected to “abuses and harassment” in prison.
“I haven’t had a shower in two weeks. I can’t use a barber, I have to cut my own hair,” a visibly agitated Whelan said from the defendant’s dock. “This is typical prisoner of war isolation technique. They’re trying to run me down so that I will talk to them.”
Andrea Kalan, a spokeswoman for the U.S. Embassy in Moscow, said Friday that they are disappointed with the ruling, arguing there is “no evidence of any wrongdoing.”
“The mature, civilized course would be to let Paul go home to his elderly parents, who are wondering if they’ll see their son alive again,” Kalan said.
Rights activist Eva Merkachova, who is authorized to visit Moscow prisons, told the RIA Novosti news agency on Friday that the prison administration at the Lefortovo detention center where Whelan is being kept did not let her speak to the American because they were speaking English.
She said she and another activist were told by a prison guard that they can only speak Russian on the premises and that Lefortovo refused to let in a certified translator. |
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Residents sue Tennessee city over code violations court
Court and Trial |
2019/05/16 13:59
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Residents of Nashville, Tennessee, are suing to close the city's environmental code enforcement court, saying it was improperly implemented and unfairly affects poor citizens.
The Tennessean reports the lawsuit was filed Tuesday against the city and state Attorney General Herbert Slatery. The court has collected just over $1.8 million in fines since 2008. The lawsuit focuses on a state constitution provision that says local acts or laws targeting a specific county must include provisions approved by the local legislative body.
The code enforcement court was created by state lawmakers in 1993. In 1994, the City Council voted to enable the court's creation. However, the provision says local acts that don't include the council vote are void, thereby negating the council's later vote.
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News attorneys: Opioid distribution data should be public
Court and Trial |
2019/05/07 10:28
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Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening.
They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later.
“The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said.
The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills.
A Justice Department attorney told the judges releasing the data would compromise investigations.
“This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.”
Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.
The appellate judges raised a number of questions about Polster’s orders keeping the data secret and hundreds of filings in the case that are under seal.
Judge Eric Clay said it seemed that the secrecy in the case had “just gone overboard.” He told Carroll, of the Justice Department, that “just saying” cases would be compromised seems inadequate. |
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Trump, GOP states ask appeals court to kill ‘Obamacare’
Court and Trial |
2019/05/05 10:26
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Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.
Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court.
The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law.
If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections.
The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand.
Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing.
The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect. |
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Arizona court says Costco can be sued over ED drug disclosure
Court and Trial |
2019/05/03 10:25
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The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.
The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.
Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.
The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.
“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”
The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right. |
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