Wednesday, December 26, 2018

Supreme Court rejects Trump plea to enforce asylum ban

A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy. New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes. The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings. Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it. Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.” The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.

Wednesday, December 19, 2018

Dutch court upholds Amsterdam’s ban on new tourist stores

The Netherlands’ highest administrative court has upheld an Amsterdam municipality ban on new stores in the city’s historic heart that sell goods specifically to tourists. The Council of State ruling Wednesday is a victory for the Dutch capital’s attempts to rein in the negative effects of the huge number of visitors crowding its streets. The court says that the ban on new tourist stores in downtown Amsterdam, which went into force in October 2017, doesn’t breach European Union rules. The ban is aimed at halting the spread of stores selling products like mementos and cheese that cater almost exclusively to tourists. The municipality argues that they spoil the city for local residents. Millions of tourists visit Amsterdam every year, leading to overcrowding of its narrow, cobbled streets and resident complaints.

Friday, December 14, 2018

Indian court rejects probe into Rafale fighter jet deal

India's top court on Friday rejected petitions by activists seeking a probe into the government purchase of 36 Rafale fighter jets from France. Chief Justice Ranjan Gogoi said there was no reason to doubt the government's decision-making process in the multibillion dollar deal. The purchase has become a major political issue in India with the main opposition Indian National Congress party accusing Prime Minister Narendra Modi's government of buying the aircraft at nearly three times the price being negotiated when it was the ruling party before Modi came to power in 2014. The government has denied the claim but says a secrecy clause governs the deal's pricing. Gogoi said it was not the job of the court to deal with the comparative details of the pricing. Activist Prashant Bhushan, a petitioner, said he believes that the court verdict was against the country's interests. "The aircraft deal needed a proper investigation in view of allegations about its pricing" and the choice of Indian partners, Bhushan said. Congress party President Rahul Gandhi has accused Modi's government of favoring a company owned by industrialist Anil Ambani, Reliance Group, when choosing an Indian partner for Dassault, the aircraft manufacturer. Randeep Surjewala, a party spokesman, demanded a probe by a joint parliamentary committee. The government has denied any wrongdoing. The Supreme Court said "there was no substantial evidence of commercial favoritism to any private entity" and there was no reason to interfere with the issues of procurement, pricing and partner.

Court: Florida police can use 'stand your ground' law

Florida law enforcement officers can invoke the state's "stand your ground" law to protect them from criminal prosecution in a shooting, the state Supreme Court ruled unanimously Thursday. The court issued its 7-0 decision in the case of Peter Peraza, a Broward County sheriff's deputy charged with manslaughter in the 2013 fatal shooting of a man carrying what turned out to be an air rifle. Peraza's lawyers claimed he was immune from prosecution under the stand your ground law, which permits use of deadly force when a person has a legitimate fear of "imminent death or great bodily harm." The justices agreed with two lower court rulings, which concluded that the law applies to law enforcement officers the same as anyone else. "Simply put, a law enforcement officer is a 'person' whether on duty or off, and irrespective of whether the officer is making an arrest," Justice Alan Lawson wrote for the court. "In common understanding, 'person' refers to a 'human being,' which is not occupation-specific and plainly includes human beings serving as law enforcement officers," he added. Peraza shot 33-year-old Jermaine McBean during a confrontation with deputies at his apartment complex. Several people had called 911 to report a man openly carrying a rifle down a busy street and acting erratically.

Tuesday, December 4, 2018

Court could deal blow to porn star, award Trump legal fees

Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim. The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels. Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair. Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man. She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!" U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said. Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.

Saturday, November 24, 2018

Russian court challenges International Olympic Committee

Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said. CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure. "The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned." The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him. Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS. Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back. "The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP.

Lump of coal? Taxes more likely for online gifts this season

Lump of coal? Taxes more likely for online gifts this season Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court. A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season. "Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers. Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping. Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations. Now, states can force out-of-state sellers to collect sales tax if they're doing a fair amount of business in the state. That means retailers such as Overstock.com, home goods company Wayfair and electronics retailer Newegg can be required to collect tax in more states. Those companies were involved in the case before the Supreme Court, but a wide range of businesses from jewelry website Blue Nile to clothing and outdoor company L.L. Bean and electronics retailer B&H Photo-Video are also affected. Before the Supreme Court's decision, Overstock was collecting sales tax in eight states. Now, it's collecting sales tax nationwide. Jonathan Johnson, a member of Overstock's board of directors, said a small number of customers reached out to ask about the change when it happened but the company now hasn't had a question about it in months. Wayfair, for its part, was collecting sales tax in 25 states before the decision. Now it's collecting sales tax in 36 of the 45 states with a sales tax.

Saturday, November 10, 2018

Court fight likely in 10-year-old girl’s homicide case

When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young. The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint. The age at which children get moved to adult court varies by state and can be discretionary in some cases. Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice. Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said. Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin. For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims. Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls. In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.

Wednesday, October 31, 2018

Actor John Jarratt appears in Sydney court on rape charge

Australian actor and director John Jarratt appeared in a Sydney court on Tuesday charged with raping a woman 42 years ago. The 66-year-old actor told the Downing Center Local Court through his lawyer Bryan Wrench on Tuesday that he will deny the charge. The accuser, now aged 66, told police in December 2017 that Jarratt raped her in the apartment they shared in the Sydney suburb of Randwick in September 1976. Jarratt was charged with one count of rape in August. Jarratt is best known for his serial-killer character Mick Taylor in the "Wolf Creek" horror movies and television series. He appeared in his first two movies, "The Great Macarthy" and "Picnic at Hanging Rock," in 1975. It was not immediately clear what sentence Jarratt would face if convicted. He is expected to formally plead not guilty when he returns to the court for a preliminary hearing on Nov. 29.

Court orders Japan company to pay 4 Koreans for forced labor

In a potentially far-reaching decision, South Korea's Supreme Court ruled that a major Japanese steelmaker should compensate four South Koreans for forced labor during Japan's colonial rule of the Korean Peninsula before the end of World War II. The long-awaited ruling, delivered Tuesday after more than five years of deliberation at Seoul's top court, could have larger implications for similar lawsuits that are pending in South Korea and will likely trigger a diplomatic row between the Asian U.S. allies. Japanese Prime Minister Shinzo Abe said Tokyo will respond "resolutely" to the ruling, which he described as "impossible in light of international law." He said the ruling violated a 1965 treaty between Seoul and Tokyo that was accompanied by Japanese payments to restore diplomatic ties. Japanese Foreign Minister Taro Kono said Japan could potentially take the case to the International Court of Justice. "Today's ruling by the South Korean Supreme Court has one-sidedly and fundamentally damaged the legal foundation of Japan-South Korea relations," Kono said. South Korean President Moon Jae-in had no immediate reaction to the ruling. South Korean Foreign Ministry spokesman Noh Kyu-duk said Tokyo and Seoul "should gather wisdom" to prevent the ruling from negatively affecting their relations. The court said Japan's Nippon Steel & Sumitomo Metal Corp. should provide compensation of 100 million won ($87,680) to each of the four plaintiffs, who were forced to work at Japanese steel mills from 1941 to 1943. Among them, only 94-year-old Lee Chun-sik has survived the legal battle, which extended nearly 14 years.

Saturday, October 20, 2018

Supreme Court hopeful had DWI charge in 2009

A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired. The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged after he registered a blood-alcohol level of 0.14, nearly twice the legal limit. The following September, he pleaded guilty. That December, Anglin was charged with attempted breaking and entering and pleaded guilty to second-degree trespassing. On Wednesday, he attributed both cases to struggles with alcohol in his 20s. Both incidents happened while Anglin was a student at Elon University School of Law. He said that in 2010, he sought help for his drinking problem with a lawyer-assistance program. He said he's since gotten sober. Anglin criticized N.C. Republican Party Executive Director Dallas Woodhouse for emailing Anglin's arrest records to a listserv the GOP maintains. Anglin has feuded with the GOP since he switched party affiliation and entered the Supreme Court race. Woodhouse has previously said Anglin "will be treated like the enemy he is," and Anglin said the GOP is acting desperate "by sending something out that occurred almost a decade ago." Republicans have described Anglin as a Democratic plant in the race and Woodhouse said as much Wednesday, writing that "Democrats had one of their own with a very questionable background pretend to be a Republican, so they could try and fool the voters." Republican legislators responded earlier this summer to Anglin's campaign by passing a law, which was later overturned as unconstitutional, that would have banned Anglin from listing his Republican Party on the ballot even though his opponents could list their parties.

Court orders some fixes in Texas foster care

A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge. The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.” The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.” But the judges said her order went “well beyond” what’s necessary for constitutional compliance. So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.

Wednesday, October 3, 2018

UN court orders US to lift some Iran sanctions

The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety. The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply. Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice. In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation. By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested. The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet. "This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors." While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.

Supreme Court could limit execution of people with dementia

The Supreme Court appeared willing Tuesday to extend protection from capital punishment to people with dementia who can't recall their crime or understand the circumstances of their execution. The eight justices heard arguments in the case of Alabama death row inmate Vernon Madison, who killed a police officer in 1985 but has suffered strokes that his lawyers say have left him with severe dementia. The high court has previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed. A ruling for Madison probably would mean a new hearing in state court over whether his condition renders him ineligible for execution. Chief Justice John Roberts and the court's four liberal justices seemed most willing to rule for Madison. The other three justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, are unlikely to side with Madison because they voted to allow his execution to proceed when their colleagues blocked it in January, setting up the current case. In a reflection of the changed dynamics on the court, Roberts' vote would appear to be decisive since a 4-4 split would leave in place a state court ruling against Madison and allow Alabama to try again to execute him. The high court is down one justice, following Anthony Kennedy's retirement in July and a delay in a vote to confirm Brett Kavanaugh so that the FBI can investigate allegations against him of sexual misconduct.

Wednesday, September 19, 2018

Egypt court returns ex-president Mubarak's 2 sons to prison

Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said. They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media. The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions. The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled. The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule. The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices.

Belgian court rules out extradition for Spanish rapper

A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family. The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium. "The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent. Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition. "I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English." The ruling could re-ignite tensions between Belgium and Spain over extradition demands. Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.

Spain rejects extraditing HSBC whistleblower to Switzerland

A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide. The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015. A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain. The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain. Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time. Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland. In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.

Saturday, September 8, 2018

Chaos marks start of Kavanaugh confirmation hearing

Quarreling and confusion marked the start of the Senate's confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings. In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a "team player" if confirmed, declaring that he would be a "pro-law judge" who would not decide cases based on his personal views. But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh's record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee. "We have not been given an opportunity to have a meaningful hearing on this nominee," said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn. Grassley denied his request, but the arguments persisted. More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. "This is a mockery and a travesty of justice," shouted one woman. "Cancel Brett Kavanaugh!" Grassley defended the document production as the most open in history, saying there was "no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children. "I'm very honored to be here," Kavanaugh said. With majority Republicans appearing united, it's doubtful the hearings will affect the eventual confirmation of President Donald Trump's nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections. Kavanaugh declared he would be even-handed in his approach to the law. "A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy," Kavanaugh said in prepared opening remarks. "I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge." "I would always strive to be a team player on the Team of Nine," he added. The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions.

Rancorous, partisan start for Kavanaugh high court hearing

Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmation hearing Tuesday the court "must never, never be viewed as a partisan institution." But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republicans, including dire Democratic fears that he would be President Donald Trump's advocate on the high court. The week of hearings on Kavanaugh's nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the first day of the new term, Oct. 1, and little more than a month before congressional elections. However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed by their arrests. Strong Democratic opposition to Trump's nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller's investigation of Trump's 2016 campaign and the potentially pivotal role Kavanaugh could play in moving the court to the right. Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus. Trump jumped into the fray late in the day, saying on Twitter that Democrats were "looking to inflict pain and embarrassment" on Kavanaugh. The president's comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard Blumenthal of Connecticut, "selecting a justice on the Supreme Court who potentially will cast a decisive vote in his own case." In Kavanaugh's own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary and the need to keep the court above partisan politics, common refrains among Supreme Court nominees that had added salience in the fraught political atmosphere of the moment.

Trump taking Supreme Court fight to Montana, North Dakota

President Donald Trump is taking the Washington debate over his Supreme Court nominee to the homes of two red-state Senate Democrats this week, elevating Judge Brett Kavanaugh's confirmation as a political litmus test for voters. Trump's strategy aims to turn the screws on the lawmakers, Jon Tester of Montana and Heidi Heitkamp of North Dakota, who find themselves caught between Senate leaders and progressive donors who are fighting Kavanaugh's confirmation, and their states' more conservative electorate, which is more broadly supportive of Trump's pick. Neither senator has laid down a clear marker on how he or she will vote on Kavanaugh's confirmation, which Senate Republican leaders hope to bring to a vote before the full chamber later this month — just weeks before the general election. Trump is holding a rally in Billings, Montana, on Thursday night, and then attending fundraisers in Fargo, North Dakota, and Sioux Falls, South Dakota, on Friday. White House officials contend the Supreme Court was a powerful motivator for Republican base voters in 2016, when Trump won the White House, and they're seeking to capitalize on Kavanaugh's confirmation to help overcome an enthusiasm gap with Democrats. Likewise, a vote for Kavanaugh by either Tester or Heitkamp could frustrate their Democratic base eager for a more confrontational approach to the Trump administration.

Senator asks court to declare Duterte arrest order illegal

A Philippine senator who has taken refuge in the Senate to avoid an arrest order by President Rodrigo Duterte asked the Supreme Court on Thursday to declare the order illegal and called on the military to defy it. Sen. Antonio Trillanes IV, Duterte's fiercest critic in Congress, told the high court in a petition that Duterte's proclamation voiding his 2011 amnesty for links to failed coup attempts and ordering his arrest was baseless. "Their basis for this proclamation is a big lie," Trillanes told reporters in the Senate building, where he has remained since Duterte's order was made public Tuesday. "It's bogus, they only wanted to pin me down for being a critic of Mr. Duterte." Known for his temper and outbursts against critics, Duterte has openly expressed anger against Trillanes, who has accused him of large-scale corruption and involvement in illegal drugs. Duterte has repeatedly denied the allegations. The standoff has unfolded while Duterte is on a visit to Israel and Jordan. He is scheduled to fly home on Sunday. The Department of Justice said Duterte voided Trillanes's amnesty because the senator did not file a formal amnesty application and admit guilt for his role in past coup attempts.

Wednesday, August 29, 2018

Indian Supreme Court orders house arrest for activists

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.

Sunday, August 19, 2018

Lawyers will seek to shift blame for warehouse fire at trial

Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials. Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial. Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense. Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.

Alabama Supreme Court won't move lawsuit against Moore

The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago. The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous." Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones. Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election. Moore sought to have the case heard in Etowah County where he and Corfman both live. "The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said. Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery. Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.

Monday, August 13, 2018

Court, regulators clash over uranium project in South Dakota

Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law. The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported. Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area. The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants. Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.

N Carolina Supreme Court race lawsuit returning to court

A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court. A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month. The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican. Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win. A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court. A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month. The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican. Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.

Nevada Supreme Court taking up execution case

The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die. A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices. Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier. The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state. A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out. Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it." Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions. The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.

Monday, June 25, 2018

Police shooting of boy spurs more protests, appeals

Protesters demonstrated Friday for a third day over the fatal police shooting in Pennsylvania of an unarmed black teen fleeing a traffic stop as they sought to get the attention of a nation engrossed by the immigration debate, and to pressure officials to charge the officer. Hundreds of marchers chanting "Who did this? The police did this" shut down a Pittsburgh area highway in the early morning hours, and a small group staged a sit-in outside the district attorney's office later in the day. Demands for answers to why a police officer shot 17-year-old Antwon Rose Jr. seconds after he bolted from a car grew with an emotional speech by state Rep. Jake Wheatley at the state Capitol, and a videotaped appeal by the legislator and two other black Pittsburgh area lawmakers for a "thorough and transparent investigation that builds community." "My heart is heavy right now," Wheatley said , decrying both Rose's death and the street violence that earlier in the week left a young rapper dead. "We cannot casually keep closing our eyes and ears to the fact there's a group of people whose lives seemingly don't matter." Rose was shot Tuesday night in East Pittsburgh, a suburb of Pittsburgh, after the car he was riding in was pulled over by Officer Michael Rosfeld because it matched the description of a car wanted in a shooting in a nearby town, police said. The car had bullet damage to a back window. As Rosfeld was taking the driver into custody, a video taken from a nearby house shows Rose and a second passenger running from the car. Three gunshots can be heard, and the passengers can be seen either falling or crouching as they pass between houses. It is unclear from the video if Rosfeld yelled for them to stop.

Sunday, June 24, 2018

Supreme Court adopts new rules for cell phone tracking

The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations. The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks. He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.” The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime. The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required. In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.

Tuesday, June 19, 2018

Court blocks 'millionaire tax' question from state ballot

Massachusetts' highest court on Monday struck down a proposed "millionaire tax" ballot question, blocking it from going before state voters in November and ending advocates' hopes for generating some $2 billion in additional revenue for education and transportation. The Supreme Judicial Court, in a 5-2 ruling, said the initiative petition should not have been certified by Democratic Attorney General Maura Healey because it violated the "relatedness" clause of the state constitution that prohibits ballot questions from mingling unrelated subjects — in this case, taxing and spending. The proposed constitutional amendment — referred to by its proponents as the "Fair Share Amendment," would have imposed a surtax of 4 percent on any portion of an individual's annual income that exceeds $1 million. The measure called for revenues from the tax to be earmarked for transportation and education. Writing for the majority, Associate Justice Frank Gaziano said a voter who supported the surtax but opposed earmarking the funds for a specific purpose would be left "in the untenable position of choosing which issue to support and which must be disregarded." The justices offered hypothetical examples of voters who might support spending on one priority but not the other, such as a subway commuter with no school-age children. The measure had been poised to reach voters in November after receiving sufficient support from the Legislature in successive two-year sessions. But several business groups, including the Massachusetts High Technology Council and Associated Industries of Massachusetts, sued to block it. The court's ruling was a devastating blow for Raise Up Massachusetts, a coalition of labor unions, community and religious organizations that collected more than 150,000 signatures in support of the millionaire tax.

USCIS Efforts Lead to Prison Sentence for Fremont Business Owner

SAN JOSE, Calif. – Thanks to the efforts of U.S. Citizenship and Immigration Services (USCIS), Venkat Guntipally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents and mail fraud. A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas. “USCIS is committed to combatting instances of fraud, abuse and other nefarious activities threatening the integrity of our nation’s immigration system,” stated USCIS San Francisco District Director John Kramer. “This sentencing sends a strong message to anyone thinking about circumventing or violating our rule of law.” Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipally’s earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money. Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed. In addition to the prison term, the Judge ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019. All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Sunitha Guntipally was sentenced to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct. The prosecution is a result of collaboration between USCIS’s Office of Fraud Detection and National Security, the U.S. Department of State Diplomatic Security Service and Department of Homeland Security’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Jonas Lerman with the assistance of Laurie Worthen.

Saturday, June 9, 2018

Supreme Court sends land dispute back to Wash. top court

The Supreme Court is asking Washington state's highest court to take another look at a land dispute between a Native American tribe and its neighbors. The dispute concerns a roughly 40-acre plot of land purchased by the Upper Skagit Indian Tribe in 2013. A land survey convinced the tribe that a barbed wire fence between its land and land owned by Sharline and Ray Lundgren is in the wrong place. The tribe wanted to tear down the fence and build a new one in the right spot. The Lundgrens sued, but the tribe argued it was immune from suit. The Washington Supreme Court sided with the Lundgrens. The Supreme Court ruled 7-2 Monday the court's reasoning was flawed and asked the court to take another look at the dispute. Native American tribe and its neighbors. The dispute concerns a roughly 40-acre plot of land purchased by the Upper Skagit Indian Tribe in 2013. A land survey convinced the tribe that a barbed wire fence between its land and land owned by Sharline and Ray Lundgren is in the wrong place. The tribe wanted to tear down the fence and build a new one in the right spot. The Lundgrens sued, but the tribe argued it was immune from suit. The Washington Supreme Court sided with the Lundgrens. The Supreme Court ruled 7-2 Monday the court's reasoning was flawed and asked the court to take another look at the dispute.

Divided Supreme Court rules for businesses over workers

The Supreme Court says employers can prohibit their workers from banding together to dispute their pay and conditions in the workplace, an important victory for business interests. The justices ruled 5-4 Monday, with the court's conservative members in the majority, that businesses can force employees to individually use arbitration, not the courts, to resolve disputes. The outcome does not affect people represented by labor unions, but an estimated 25 million employees work under contracts that prohibit collective action by employees who want to raise claims about some aspect of their employment. The result could prompt a new round of lawsuits aimed at limiting class or collective action to raise allegations of racial discrimination. The Trump administration backed the businesses, reversing the position the Obama administration took in favor of employees. The court's task was to reconcile federal laws that seemed to point in different directions. On the one hand, New Deal labor laws explicitly gave workers the right to band together. On the other, the older Federal Arbitration Act encourages the use of arbitration, instead of the courts.

Woman accused of dismembering roommate appears in court

A San Francisco woman looked composed and lucid as she made her first court appearance on Friday on a murder charge accusing her of killing and dismembering her roommate, whose body parts prosecutors say were discovered in plastic bags at their home. Lisa Gonzales, 47, was in an orange jail suit with her hands cuffed behind her back during the brief appearance with her attorney. She answered a question from the judge, but she did not enter a plea. Her arraignment was continued until June 14. Police arrested Gonzales on Saturday after her 61-year-old roommate was reported missing. Police discovered the victim's severed arms and legs in a maggot-filled storage container, according to prosecutors. Gonzales told police that her roommate refused to move out, and the two of them argued on May 15, a San Francisco prosecutor said in a court filing. She told investigators she thinks she "flipped," but she didn't have a "real recollection" of what happened, Adam Maldonado said in the filing. Outside court, Gonzales' public defender, Alex Lilien, said his client was a hardworking, single mother and had taken the victim, Maggie Mamer, in after Mamer said she had been evicted by unscrupulous landlords. He said he didn't have details about his client's mental health. "She's charged with murder, and she's being portrayed as a monster in the media — and that's distressing," he said. "She's concerned about her family." Mamer had lost her home and "fallen on hard times" when Gonzales in August 2017 offered her a room, Maldonado said in the court filing. They agreed on $400 a month as rent. But after items around the home began to get misplaced or broken, Gonzales told Mamer in April to move out in 30 days or face eviction, the prosecutor said. Lilien said Friday that Gonzales did not know Mamer well when she let her move in, and that Mamer had a history of not paying rent.

Seals can keep using San Diego children's beach, court says

A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups. In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego. Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail. The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access. In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action. Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans. The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter. The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property.

Tuesday, April 17, 2018

Question of sales tax on online purchases goes to high court

Online shoppers have gotten used to seeing that line on checkout screens before they click "purchase." But a case before the Supreme Court could change that. At issue is a rule stemming from two, decades-old Supreme Court cases: If a business is shipping to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. That means large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from customers who buy from them online. But other online sellers, from 1-800 Contacts to home goods site Wayfair, can often sidestep charging the tax. More than 40 states are asking the Supreme Court to reconsider that rule in a case being argued Tuesday. They say they're losing out on "billions of dollars in tax revenue each year, requiring cuts to critical government programs" and that their losses compound as online shopping grows. But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business. Large retailers want all businesses to "be playing by the same set of rules," said Deborah White, the president of the litigation arm of the Retail Industry Leaders Association, which represents more than 70 of America's largest retailers. For years, the issue of whether out-of-state sellers should collect sales tax had to do mostly with one company: Amazon.com. The online giant is said to account for more than 40 percent of U.S. online retail sales. But as Amazon has grown, dotting the country with warehouses, it has had to charge sales tax in more and more places. President Donald Trump has slammed the company, accusing it of paying "little or no taxes" to state and local governments. But since 2017, Amazon has been collecting sales tax in every state that charges it. Third-party sellers that use Amazon to sell products make their own tax collection decisions, however. The case now before the Supreme Court could affect those third-party Amazon sellers and many other sellers that don't collect taxes in all states — sellers such as jewelry website Blue Nile, pet products site Chewy.com, clothing retailer L.L. Bean, electronics retailer Newegg and internet retailer Overstock.com. Sellers on eBay and Etsy, which provide platforms for smaller sellers, also don't collect sales tax nationwide. States generally require consumers who weren't charged sales tax on a purchase to pay it themselves, often through self-reporting on their income tax returns. But states have found that only about 1 percent to 2 percent actually pay.

Supreme Court rejects anti-abortion pastor's appeal on noise

The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine. The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities. March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.

Supreme Court hearing case about online sales tax collection

The Supreme Court is hearing arguments about whether a rule it announced decades ago in a case involving a catalog retailer should still apply in the age of the internet. The case on Tuesday focuses on businesses' collection of sales tax on online purchases. Right now, under the decades-old Supreme Court rule, if a business is shipping a product to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. Customers are generally supposed to pay the tax to the state themselves, but the vast majority don't. States say that as a result of the rule and the growth of internet shopping, they're losing billions of dollars in tax revenue every year. More than 40 states are asking the Supreme Court to abandon the rule. Large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from their customers who buy online. But other online sellers that only have a physical presence in a few states can sidestep charging customers sales tax when they're shipping to addresses outside those states. Sellers who defend the current rule say collecting sales tax nationwide is complex and costly, especially for small sellers. That complexity was a concern for the Supreme Court when it announced the physical presence rule in a case involving a catalog retailer in 1967, a rule it reaffirmed in 1992. But states say software has now made collecting sales tax easy. The case the court is hearing has to do with a law passed by South Dakota in 2016, a law designed to challenge the Supreme Court's physical presence rule. The law requires out-of-state sellers who do more than $100,000 of business in the state or more than 200 transactions annually with state residents to collect and turn over sales tax to the state. The state wanted out-of-state retailers to begin collecting the tax and sued Overstock.com, home goods company Wayfair and electronics retailer Newegg. The state has conceded in court, however, that it can only win by persuading the Supreme Court to do away with its current physical presence rule.

Thursday, February 1, 2018

Kenya's High Court orders government's TV shutdown to end

Kenya's High Court on Thursday ordered the government to end its shutdown of the country's top three TV stations after they tried to broadcast images of the opposition leader's mock inauguration, a ceremony considered treasonous.

Journalists and human rights groups have raised an outcry over the shutdown of live transmissions that began Tuesday. Some journalists told The Associated Press they spent the night in their newsroom to avoid arrest.

Opposition leader Raila Odinga on Tuesday declared himself "the people's president" in protest of President Uhuru Kenyatta's election win last year, in a ceremony attended by tens of thousands of supporters in the capital, Nairobi. Odinga claims the vote was rigged and that electoral reforms in the East African nation have not been made.

The government responded to Odinga's "swearing-in" by declaring the opposition movement a criminal organization and investigating "conspirators" in Tuesday's ceremony. An opposition lawmaker who stood beside Odinga and wore judicial dress was arrested Wednesday and taken to court, where police fired tear gas at his supporters. It was not clear what charges the lawmaker, T.J. Kajwang, faced.

Kenya's interior minister, Fred Matiangi, on Wednesday said the TV stations and some radio stations would remain shut down while being investigated for their alleged role in what he called an attempt to "subvert and overthrow" Kenyatta's government. Matiangi claimed that the media's complicity in the mock inauguration would have led to the deaths of thousands of Kenyans.

But on Thursday, High Court Judge Chacha Mwita directed the government to restore the transmission for the Kenya Television Network, Citizen Television and Nation Television News and not to interfere with the stations until a case challenging their shutdown is heard.

Cambodian court again rejects bail for opposition leader

An appeals court in Cambodia on Thursday denied a second request for the release on bail of opposition leader Kem Sokha, who has been charged with treason.

The court appearance in Phnom Penh by Kem Sokha, head of the Cambodia National Rescue Party, was his first since his arrest last September. The hearing was held behind closed doors and journalists and other onlookers were kept away.

His prosecution by the government of Prime Minister Hun Sen is widely seen as part of a concerted effort to cripple the opposition ahead of a general election this year.

Kem Sokha's lawyer, Choung Choungy, said the court cited concerns for his client's security in denying bail.

The government has expressed fears of political protests by Kem Sokha's supporters. They have suggested, with no evidence, that violence might result.

Hundreds of riot police were deployed around the court, with several fire trucks and police trucks parked nearby.

The past several years have seen the opposition party face an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced former opposition leader Sam Rainsy to avoid prison by staying in exile and pressured him into resigning from his party.

Texas executes Dallas man for killing ex-girlfriend in 1999

A Dallas man was executed Tuesday for the 1999 slaying of his ex-girlfriend while he already was on parole for killing his estranged wife.

William Rayford, 64, became the nation's second inmate put to death this year, both in Texas, when he received lethal injection for beating, stabbing and strangling 44-year-old Carol Lynn Thomas Hall. Her body was found about 300 feet (91 meters) inside a drainage pipe behind her home in South Dallas' Oak Cliff area. Hall's 11-year-old son, Benjamin, also was stabbed in the attack but survived. He testified against Rayford.

Asked by the warden at the Texas Department of Criminal Justice Huntsville Unit if he had a final statement, Rayford apologized repeatedly to his victim's four children who watched through a window a few feet from him.

"Carol didn't deserve what I done," he said. "Please try to find it in your heart to forgive me. I am sorry. It has bothered me for a long time what I have done."

He said he has made mistakes and asked God to forgive him. "If this gives you closure and makes you feel better, I have no problem with this taking place," Rayford said.

As the lethal dose of pentobarbital began taking effect, he lifted his head from the pillow on the death chamber gurney, repeated that he was sorry and then said he was "going home."

He began to snore. Within seconds, all movement stopped. He was pronounced dead at 8:48 p.m., 13 minutes after the powerful sedative was injected.

Among the four witnesses present was the victim's son who was also stabbed in the attack. He and three siblings showed no emotion as they watched Rayford die. They declined interviews afterward.