Tuesday, July 28, 2020

Chinese scientist charged with visa fraud appears in court

A Chinese scientist charged with visa fraud after authorities said she concealed her military ties to China in order to work in the U.S. made her first appearance Monday in federal court by video. Juan Tang, 37, was appointed a federal public defender and U.S. Magistrate Judge Deborah Barnes ordered Tang to remain in custody, saying she is a flight risk, while her attorney prepares an argument to allow her release on bail. The Justice Department last week announced charges against Tang and three other scientists living in the U.S., saying they lied about their status as members of China’s People’s Liberation Army. All were charged with visa fraud. Prosecutors said Tang lied about her military ties in a visa application last October as she prepared to work at the University of California, Davis and again during an FBI interview in June. Agents found photos of Tang dressed in military uniform and reviewed articles in China identifying her military affiliation, prosecutors said. Prosecutors said Tang sought refuge at the Chinese consulate in San Francisco after speaking with agents in June. U.S. marshals arrested her Friday and booked her into Sacramento County Jail, where she remains. Heather Williams, a federal defender, said its common practice for people to seek help from their consulate when dealing with law enforcement abroad, and doing so did not make Tang guilty of anything, she said. Williams added that U.S. agents took Tang's passport, forcing her young daughter to travel to China alone.

Sunday, July 19, 2020

Given a chance, Trump would push court pick before election

When the U.S. Supreme Court decided this month that the presidency isn’t a shield against a New York prosecutor’s criminal investigation, the justices didn’t say whether the same goes for civil suits against the president in state courts. That has quickly become a question in two closely watched defamation lawsuits filed by women who say President Donald Trump smeared them while denying their sexual assault allegations. Lawyers for the women, E. Jean Carroll and Summer Zervos, are now trying to persuade New York courts that the U.S. Supreme Court’s ruling strengthens their arguments for letting the suits go forward. Trump’s attorneys are contending just the opposite. The dispute comes with one of the cases now before New York’s highest court, which is weighing whether a sitting president is constitutionally protected from being sued in state courts. “The answer is no” under the U.S. Supreme Court’s reasoning, Zervos attorneys Beth Wilkinson and Moira Penza wrote in a letter Friday to the top-level state Court of Appeals.

Sunday, July 12, 2020

Lawyer: Over 150 Minneapolis officers seeking disability

More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers. Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach. While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job. “Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.” He said many officers he represents were at a precinct that police abandoned as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building. Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground. “In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said. Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said. Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said. The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.

Thursday, July 2, 2020

High court won't hear abortion clinic 'buffer zone' cases

The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics. The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics. As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case. The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters. On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic.