Myanmar rejects court probe into crimes against Rohingyas

Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority. Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case. Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign. Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings. “It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw. The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation. Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.” The 2018 statement also said Myanmar’s position was that it “has not deported any individuals in the areas of concern and in fact has worked hard in collaboration with Bangladesh to repatriate those displaced from their homes.” However, there still has been no official repatriation of the Rohingya, and human rights activists charge that Myanmar has not established safe conditions for their return.

Myanmar rejects court probe into crimes against Rohingyas

Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority. Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case. Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign. Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings. “It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw. The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation. Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.” The 2018 statement also said Myanmar’s position was that it “has not deported any individuals in the areas of concern and in fact has worked hard in collaboration with Bangladesh to repatriate those displaced from their homes.” However, there still has been no official repatriation of the Rohingya, and human rights activists charge that Myanmar has not established safe conditions for their return.

Appeals court agrees Trump tax returns can be turned over

President Donald Trump’s tax returns can be turned over to New York prosecutors by his personal accountant, a federal appeals court ruled Monday, leaving the last word to the Supreme Court The decision by the 2nd U.S. Circuit Court of Appeals in Manhattan upholds a lower court decision in the ongoing fight over Trump’s financial records. Trump has refused to release his tax returns since he was a presidential candidate, and is the only modern president who hasn’t made that financial information public. In a written decision, three appeals judges said they only decided whether a state prosecutor can demand Trump’s personal financial records from a third party while the president is in office. The appeals court said it did not consider whether the president is immune from indictment and prosecution while in office or whether the president himself may be ordered to produce documents in a state criminal proceeding. According to the decision, a subpoena seeking Trump’s private tax returns and financial information relating to businesses he owns as a private citizen “do not implicate, in any way, the performance of his official duties.” Several weeks ago, U.S. District Judge Victor Marrero in Manhattan tossed out Trump’s lawsuit seeking to block his accountant from letting a grand jury see his tax records from 2011. Manhattan District Attorney Cyrus R. Vance Jr. sought the records in a broader probe that includes payments made to buy the silence of two women, porn star Stormy Daniels and model Karen McDougal, who claim they had affairs with the president before the 2016 presidential election. Trump has denied them.

Analysis: Louisiana figures in 2 major Supreme Court cases

Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out — one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide. And, both, in part, because they deal with matters that, on the surface, might appear to have been settled. Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases — following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year. No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole.

US Supreme Court to review Kansas’ lack of insanity defense

The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives. The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters. Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality. In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense. The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process. “Maybe they will establish some ground rules,” said Jeffrey Jackson, a law professor at Washburn University in Topeka. “They’ve been vague about what the standard is, and maybe now they’re going to tell us.” Until 1996, Kansas followed a rule first outlined in 1840s England, requiring defendants pursuing an insanity defense to show that they were so impaired by a mental illness or defect that they couldn’t understand that their conduct was criminal. Now Kansas permits defendants to only cite “mental disease or defect” as a partial defense, and they must prove they didn’t intend to commit the specific crime. Alaska, Idaho, Montana and Utah have similar laws. Christopher Slobogin, a professor of both law and psychiatry at the Vanderbilt University, said even seriously mentally ill defendants typically intend to the commit their crimes, even if their acts result from delusions.

Transgender woman in Supreme Court case 'happy being me'

Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing. But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away. The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation. The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign. The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit. "I felt what they did to me wasn't right. In fact, it was downright wrong," Stephens said, her North Carolina roots evident in her speech. "But I also realized it wasn't just me, that there were others in the world facing the same tune." On the other side of the case is the R.G. and G.R. Harris Funeral Homes, whose owner worries that a ruling for Stephens also would prohibit sex-specific sleeping facilities in shelters, as well as showers, restrooms and locker rooms. Congress can change the law to make explicit protections for LGBT people if it wishes, owner Thomas Rost says in court papers. More than half the states do not prohibit discrimination in employment because of gender identity or sexual orientation, despite the Supreme Court's 2015 ruling that made same-sex marriage legal across the United States. In Michigan, the state's civil rights commission last year decided to interpret existing state law to protect LGBT people from workplace bias. But that wouldn't affect Stephens, who was fired in 2013.

Trial begins Monday in Kansas abortion stalking lawsuit

A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester. Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart. The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later. U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. Kings coach Walton focused on team, not lawsuit Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault. Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault. "I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself." Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers. The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation. Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job. "My focus is on the Kings and what we're doing to get this group to the next level," he said. Walton is trying to get the Kings back to the playoffs for the first time since 2006, the longest current postseason drought in the NBA. He takes over a young team featuring emerging stars like De'Aaron Fox, Buddy Hield and Marvin Bagley III. The Kings hold their first practice Saturday before leaving next week for a trip to India, where they will play two exhibition games. That puts more emphasis on the early days of practice.