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Supreme Court shields Trump’s financial records for now
Lawyer World News |
2019/11/24 12:59
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The Supreme Court is shielding President Donald Trump’s financial records from House Democrats for now.
The delay announced late Monday allows the justices to decide how to handle the House subpoena and a similar demand from the Manhattan district attorney at the same time.
The House’s quest for the records is not part of the ongoing impeachment inquiry, but the court’s action probably means Democrats will not have the records before an expected vote on impeachment by year’s end.
The justices are giving Trump until Dec. 5 to file a full appeal of a lower court ruling calling for his accountants to turn over the records. The president’s lawyers are certain to comply, and the court’s decision about whether to take up the case is expected by mid-January.
The House Committee on Oversight and Reform had argued that Trump’s case was too weak to earn a delay from the court. There was no noted dissent from the court’s unsigned order.
The New York case centers on Manhattan District Attorney Cyrus Vance Jr.’s subpoena for Trump’s tax returns from the same accounting firm, Mazars USA. Legal briefs have been filed by both sides in that case. |
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Myanmar rejects court probe into crimes against Rohingyas
Lawyer World News |
2019/11/19 19:53
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Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.
Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.
Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.
Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.
“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.
The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.
Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.” |
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Trump wants Supreme Court to block subpoena for his taxes
Lawyer World News |
2019/11/16 19:51
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President Donald Trump is asking the Supreme Court to block a subpoena for his tax returns, in a test of the president’s ability to defy investigations.
The filing Thursday sets the stage for a high court showdown over the tax returns Trump has refused to release, unlike every other modern president. The justices also could weigh in more broadly on Trump’s claim that sitting presidents can’t be prosecuted or investigated for crimes.
The subpoena from the Manhattan district attorney is seeking Trump’s tax returns back to 2011 from his accounting firm as part of a criminal investigation. Trump’s lawyers say a criminal probe of the president at the state or local level is unconstitutional and unprecedented in American history.
“Allowing the sitting president to be targeted for criminal investigation ? and to be subpoenaed on that basis? would, like an indictment itself, distract him from the numerous and important duties of his office, intrude on and impair Executive Branch operations, and stigmatize the presidency,” said the brief signed by Jay Sekulow.
Lower courts have so far rejected Trump’s claims of immunity.
Trump wants the court to decide the case by late June, under a deal to keep the district attorney from enforcing the subpoena in the meantime. The justices may not decide whether to hear the case for at least another month. |
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Supreme Court steps into Google-Oracle copyright fight
Lawyer World News |
2019/11/14 19:50
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The Supreme Court said Friday it will referee a high-profile copyright dispute between technology giants Oracle and Google. Oracle says it wants nearly $9 billion from Google.
The case stems from Google’s development of its hugely popular Android operating system by using Oracle’s Java programming language. A federal appeals court found that Google unfairly used Java without paying for it, the second appellate ruling in Oracle’s favor. A trial court has yet to assess damages.
The justices agreed to review the appeals court ruling, and arguments are expected early next year. The first Android phone went on sale in 2008 and Google says more than 2 billion mobile devices now use Android.
The dispute stretches back to 2010, when Oracle filed suit over Google’s use of 11,500 lines of Java code. In the first of two trials, a federal judge ruled that so-called “application programming interfaces” (APIs) weren’t protected by copyright.
After the appeals court overturned that ruling, a jury found in a second trial that Google had made “fair use” of the programming code.
“There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform,” Judge Kathleen O’Malley of the U.S. Court of Appeals for the Federal Circuit wrote in a decision siding with Oracle.
Microsoft was among many parties that urged the Supreme Court to upend the appeals court ruling. The Trump administration, responding to a request from the court for its views, said the justices should stay out of the case.
The Supreme Court’s conservative majority seems prepared to allow the Trump administration to end a program that allows some immigrants to work legally in the United States and protects them from deportation.
There did not appear to be any support among the five conservatives in extended arguments for blocking the administration’s decision to wind down the Deferred Action for Childhood Arrivals program. It currently protects 660,000 immigrants who came to the United States as children and are here illegally. |
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As ruling nears, immigrant fights for anti-deportation act
Lawyer World News |
2019/11/11 20:47
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A Mexican immigrant fighting President Donald Trump’s attempt to end a program shielding young immigrants from deportation says he is nervous about the case finally being heard by the U.S. Supreme Court.
Martin Batalla Vidal is a lead plaintiff in one of the cases to preserve the Obama-era program known as Deferred Action for Childhood Arrivals and has seen his name splashed in legal documents since 2016, when he first sued in New York.
The 29-year-old certified nursing assistant at a rehabilitation clinic for traumatic brain injury in Queens, New York, has described the legal journey since then as stressful, with people sending him hateful messages. He has had to sacrifice days at work so he could go to protests, press conferences and meetings with attorneys.
Even with his worries, Batalla Vidal is hopeful immigrants like him will be able to stay in the country.
“I don’t know what is going to happen,” said Batalla Vidal, who lives with his mother, two brothers and a dog in an apartment at the border of Queens and Brooklyn. “Whatever the outcome is, we know that we have fought hard for it and we will continue fighting. I am trying to be positive.”
The nation’s highest court is scheduled to hear oral arguments on the case Tuesday.
The program protects about 700,000 people, often called “Dreamers,” who were brought to the U.S. illegally as children or came with families that overstayed visas. |
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