Thursday, December 26, 2019

To overcome travel ban, some Americans taking cases to court

Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting. At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again. “Every time I speak to her, she ask, ‘When are they going to give me the visa?’” the elder Hafar said, recalling the days of uncertainty that took up the better part of this year. There was “nothing I could tell her, because nobody knows when.” That she landed at Kennedy Airport on a recent December day was testament to her father’s determination to keep his promise that they would be reunited and his willingness to go as far as suing the government in federal court. Advocates say the process for obtaining a travel ban waiver is still shrouded in unpredictability, which causes delays for thousands of American citizens waiting for loved ones.

Connecticut courts moving notices from newspapers to website

The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience. Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper. It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers. “State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.” The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers. “It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move. Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.

Saturday, December 14, 2019

Court Will Hear Trump's Pleas to Keep Financial Records Private

The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign. Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation. The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended. Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

Trump Has Successfully Gamed the Courts

At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations. What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump. None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.

Thursday, December 5, 2019

Court sides with Congress in battle for Trump’s bank records

A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected. A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling, with Judge Debra Ann Livingston saying in a partial dissent that the lower court should take a longer look at the “serious questions” raised by the case and give the parties time to negotiate. The court said the application by the president and his children to block the subpoenas was properly denied by a judge this year. The House Financial Services and Intelligence committees have asked Deutsche Bank and Capital One to turn over records related to Trump’s business ventures. The lawyers for the congressional committees say they need access to documents from the banks to investigate possible “foreign influence in the U.S. political process” and possible money laundering from abroad. Trump and three of his children challenged the subpoenas. In May, U.S. District Judge Edgardo Ramos said Trump and his company were “highly unlikely” to succeed in proving that the subpoenas were unlawful and unconstitutional.