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Group asks court to reject Arkansas justice's ad lawsuit
Trending Legal Issues |
2018/10/30 03:12
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A Washington-based conservative group is asking a federal court to reject an Arkansas Supreme Court justice's attempt to halt its attack ads and mailers against her.
Attorneys for the Republican State Leadership Committee's Judicial Fairness Initiative on Monday asked the court to reject Justice Courtney Goodson's request for a preliminary injunction against the ads and mailers.
Goodson is running against David Sterling, an attorney for the Department of Human Services, in next month's election. The group's filing Monday said blocking the ads and mailers would be "patently unconstitutional."
RSLC says it's spent $1.1 million so far this fall on the high court race. A state judge in the spring temporarily blocked another group's TV ad attacking Goodson through the May 22 judicial election.
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Trump Foundation lawsuit paused until higher court weighs in
Trending Legal Issues |
2018/10/24 13:16
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A New York judge on Thursday mothballed a lawsuit over President Donald Trump's charitable foundation until a higher court rules in an unrelated case whether a sitting president can be sued in state court.
State Supreme Court Justice Saliann Scarpulla commented after hearing arguments from a Trump attorney who wants her to dismiss the lawsuit brought by New York state's Democratic attorney general.
She said she'll wait to decide whether the lawsuit proceeds after an intermediate state appeals court rules whether Trump must face a defamation lawsuit brought by a 2006 contestant on "The Apprentice."
Supreme Court Appellate Division justices did not immediately rule after hearing arguments last week on claims by ex-contestant Summer Zervos, a California restaurateur, who says Trump defamed her when he called her a liar for accusing him of unwanted kissing and groping in two 2007 incidents.
Trump's lawyers, seeking to dismiss the lawsuit or delay it until he is no longer in office, say a sitting president can't be sued in state court over conduct outside official duties.
A key question will be whether a 1997 U.S. Supreme Court ruling forcing then-President Bill Clinton to face a federal sexual harassment lawsuit concerning an alleged encounter with an Arkansas state employee while he was governor applies to state courts as well.
Scarpulla said that if the state appeals judges decide that the Clinton ruling is "good law, then I think this case will continue."
The lawsuit alleged Trump and his foundation used his charity's money to settle business disputes and to boost his 2016 presidential campaign.
Brought against Trump and three of his children who serve as the foundation's directors, the lawsuit seeks $2.8 million in restitution and the dissolution of the foundation.
On Thursday, Scarpulla seemed sympathetic to some of the New York state arguments, but she repeatedly said she was required at this stage of the litigation to accept its claims as true.
Attorney Yael Fuchs, arguing for New York state, said the foundation "broke some of the most basic laws that apply" to charitable foundations when it took actions in 2016 at the direction and for the benefit of the Trump presidential campaign.
Representing Trump and his children, attorney Alan Futerfas said the state's claims were exaggerated and distorted. He suggested that even magnanimous steps taken by Trump for charitable purposes were being recast in a negative light. |
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EU backs ICC after US questions court's legitimacy
Trending Legal Issues |
2018/09/12 12:32
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The European Union's top diplomat says the bloc remains a staunch supporter of the International Criminal Court despite U.S. condemnation of the tribunal.
EU foreign policy chief Federica Mogherini said Thursday that "we will continue to fully and strongly support the ICC and its work."
The Hague-based court was created in 2002 to prosecute war crimes, crimes against humanity and genocide in areas where perpetrators might not otherwise face justice.
Mogherini said the ICC "has strengthened universal justice beyond power politics and beyond geopolitical interests," and added that "accountability is essential to build the foundations for peace."
U.S. National security adviser John Bolton denounced the ICC earlier this week just as a judge weighs whether to investigate allegations of war crimes against U.S. and Afghan personnel in Afghanistan since 2003.
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Indian Supreme Court orders house arrest for activists
Trending Legal Issues |
2018/09/02 23:52
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India's top court ordered Wednesday that five prominent rights activists arrested for alleged Maoist links be kept under house arrest instead of police custody until it rules next week on a petition challenging their detention.
Police, meanwhile, broke up a protest in southern India against the arrests and detained about two dozen people.
Attorney Prashant Bhushan said the court order will prevent police from taking the five to the western city of Pune, where authorities are investigating their alleged links to Maoist rebels in various parts of the country.
The Supreme Court also ordered the federal and state governments to provide detailed reasons for their arrests within three days. It set Sept. 6 for the next hearing in the case.
Those arrested on Tuesday were Telugu-language poet Varavara Rao in Hyderabad, Vernon Gonzalves and Arun Farreira in Mumbai, and Gautam Navalakha and Sudha Bhardwaj in New Delhi and a neighbouring town.
Police accused the five of delivering speeches that triggered protests and violence between low-caste Dalits and right-wing groups near Pune in December.
The government says Maoist rebels, who are active in several states, are India's biggest internal security threat. The rebels, inspired by Chinese revolutionary leader Mao Zedong, have been fighting the government for more than four decades, demanding land and jobs for the poor and indigenous communities.
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Blankenship ballot bid denied by West Virginia Supreme Court
Trending Legal Issues |
2018/08/30 23:57
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The state Supreme Court on Wednesday denied a last-minute bid by former coal CEO Don Blankenship to get his name on the ballot in November's U.S. Senate race in West Virginia.
The court upheld a decision by the secretary of state denying Blankenship's application for a third-party candidacy.
"The West Virginia Secretary of State is ordered to take whatever measures are necessary to ensure that Donald L. Blankenship does not appear on the 2018 General Election Ballot for the Office of United States Senator for the State of West Virginia," the decision said.
The court itself is in a state of upheaval. One of the judges hearing the case Wednesday was filling in for a suspended justice, and two sat in for judges who retired after lawmakers voted to impeach them over allegations of improper use of court funds.
The justices issued the decision in the form of an order, rather than an opinion that would have laid out how each one voted and included comments from a majority ruling.
In a statement, Blankenship thanked his supporters and said he will evaluate his next step with his attorneys, which could include an appeal.
"For those who believe in democracy, it is a frightening decision," he said. "Americans desperately need to pay attention as the politicians continue to move voters to the sidelines and out of the election process."
Secretary of State Mac Warner had blocked Blankenship's bid to run as the Constitution Party's nominee, based on the state's "sore loser" law. It prohibits major-party primary candidates who lose from switching to a minor party. Blankenship finished third in the Republican primary in May. |
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