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Supreme Court ends Trump emoluments lawsuits
Business |
2021/01/25 11:11
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The Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency, saying the cases are moot now that Trump is no longer in office.
The high court’s action was the first in an expected steady stream of orders and rulings on pending lawsuits involving Trump now that his presidency has ended. Some orders may result in dismissals of cases since Trump is no longer president. In other cases, proceedings that had been delayed because Trump was in the White House could resume and their pace even quicken.
The justices threw out Trump’s challenge to lower court rulings that had allowed lawsuits to go forward alleging that he violated the Constitution’s emoluments clause by accepting payments from foreign and domestic officials who stay at the Trump International Hotel and patronize other businesses owned by the former president and his family.
The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office.
The outcome leaves no appellate court opinions on the books in an area of the law that has been rarely explored in U.S. history.
The cases involved suits filed by Maryland and the District of Columbia, and high-end restaurants and hotels in New York and Washington, D.C., that “found themselves in the unenviable position of having to compete with businesses owned by the President of the United States.”
The suits sought financial records showing how much state and foreign governments have paid the Trump Organization to stay and eat at Trump-owned properties.
The cases never reached the point where any records had to be turned over. But Karl Racine and Brian Frosh, the attorneys general of Washington, D.C., and Maryland, respectively, said in a joint statement that a ruling by a federal judge in Maryland that went against Trump “will serve as precedent that will help stop anyone else from using the presidency or other federal office for personal financial gain the way that President Trump has over the past four years.”
Other cases involving Trump remain before the Supreme Court, or in lower courts.
Trump is trying to block the Manhattan district attorney ’s enforcement of a subpoena for his tax returns, part of a criminal investigation into the president and his businesses. Lower courts are weighing congressional subpoenas for Trump’s financial records. And the justices also have before them Trump’s appeal of a decision forbidding him from blocking critics on his Twitter account. Like the emoluments cases, Trump’s appeal would seem to be moot now that he is out of office and also had his Twitter account suspended.
Republican senators and some legal scholars have said that Trump’s impeachment trial in the Senate cannot proceed now that he is once again a private citizen. But many scholars have said that Trump’s return to private life poses no impediment to an impeachment trial. |
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Woman accused of helping steal Pelosi laptop freed from jail
Business |
2021/01/21 10:32
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A Pennsylvania woman facing charges that she helped steal a laptop from the office of House Speaker Nancy Pelosi during the attack on the U.S. Capitol will be released from jail, a federal judge decided Thursday.
U.S. Magistrate Judge Martin Carlson directed that Riley June Williams be released into the custody of her mother, with travel restrictions, and instructed her to appear Monday in federal court in Washington to continue her case.
“The gravity of these offenses is great,” Carlson told Williams. “It cannot be overstated.”
Williams, 22, of Harrisburg, is accused of theft, obstruction and trespassing, as well as violent entry and disorderly conduct on Capitol grounds. Carlson noted Williams has no prior criminal record.
The FBI says an unidentified former romantic partner of Williams tipped them off that she appeared in video from the Jan. 6 rioting and the tipster claimed she had hoped to sell the computer to Russian intelligence.
Williams’ defense lawyer, Lori Ulrich, told Carlson the tipster is a former boyfriend who had been abusive to Williams and that “his accusations are overstated.”
Video from the riot shows a woman matching Williams’ description exhorting invaders to go “upstairs, upstairs, upstairs” during the attack, which briefly disrupted certification of President Joe Biden’s electoral victory.
“It is regrettable that Ms. Williams took the president’s bait and went inside the Capitol,” Ulrich told the judge.
Williams surrendered to face charges on Monday. She was expected to leave the county jail in Harrisburg later Thursday, and will be on electronic monitoring to await trial.
Heavican said the court’s online payment systems allowed residents to pay traffic tickets and court fines without leaving their homes, and the judiciary also offered an online education system to help judges, lawyers, guardians and others meet continuous education requirements.
New attorneys were sworn into office via online ceremonies across the state, Heavican said. In Dawson County, one judge is broadcasting court proceedings on YouTube.
Heavican said schools and private organizations have hosted trials in counties whose courthouses are too small for adequate social distancing to prevent transmission of the coronavirus. He said jury trials were held at the University of Nebraska-Kearney, Grand Island Central Community College and local K-12 schools and the Lincoln Masonic Lodge.
Heavican also touted the benefits of probation services and problem-solving courts. He said probation costs nearly $2,000 per person, per year, and problem-solving courts costs about $4,000, compared to $41,000 for a person in prison. “Do the math,” he said. “Probation is the taxpayers’ friend.”
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Appeals court OKs convictions in college basketball scandal
Breaking Legal News |
2021/01/17 20:13
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A federal appeals court in New York on Friday upheld convictions against a sports marketer, an aspiring agent and a financial adviser in a college basketball scandal that spoiled the careers of several coaches and left a stain on the integrity of college athletics.
The 2nd U.S. Circuit Court of Appeals in Manhattan said in its written decision that it was not adequate for the defendants to argue that their actions mirrored what was commonly done in college basketball programs and that their aim was to help universities, rather than harm.
“The ends, however, do not justify the means, and that others are engaging in improper behavior does not make it lawful,” the 2nd Circuit said in an opinion written by Judge Denny Chin.
The convictions grew from the 2017 arrests of 10 individuals in what authorities described as a conspiracy to pay bribes to the families of young players to ensure NBA-bound college basketball stars would pledge allegiance to certain agents and handlers or attend certain schools.
The appeal stemmed from the convictions of former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code. They were convicted of conspiracy to commit wire fraud for funneling money and recruits to Louisville and Kansas.
Dawkins and Code were convicted at a second trial on a single conspiracy count but acquitted of some other charges.
At trial, the men acknowledged that their actions violated NCAA rules and the official policies of the universities, but they also maintained that the universities quietly welcomed the secret payments as long as they could pretend they knew nothing of them.
Other defendants pleaded guilty to charges or cooperated with prosecutors rather than go to trial, including four former assistant basketball coaches who pleaded guilty to bribery conspiracy. Prison sentences in the case were relatively short.
In ruling, the three-judge appeals panel noted that the defendants argued that they should not have been convicted because they did not have fraudulent intent since their scheme was designed to help the schools recruit top-tier players.
Circuit Judge Gerard E. Lynch offered a partial dissent, saying he would have rejected some charges on grounds that evidence of some phone calls the defendants wanted to show jurors was unjustly disqualified. |
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S. Korean court upholds prison term for ex-president Park
Class Action |
2021/01/14 20:14
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South Korea’s Supreme Court on Thursday upheld a 20-year prison term for former President Park Geun-hye over bribery and other crimes as it ended a historic corruption case that marked a striking fall from grace for the country’s first female leader and conservative icon.
The ruling means Park, who was ousted from office and arrested in 2017, could potentially serve a combined 22 years behind bars, following a separate conviction for illegally meddling in her party’s candidate nominations ahead of parliamentary elections in 2016.
But the finalizing of her prison term also makes her eligible for a special presidential pardon, a looming possibility as the country’s deeply split electorate approaches the next presidential election in March 2022.
President Moon Jae-in, a liberal who won the presidential by-election following Park’s removal, has yet to directly address the possibility of freeing his predecessor. Moon has recently seen his approval ratings sink to new lows over economic problems, political scandals and rising coronavirus infections.
Many conservative politicians have called for Moon to release Park and another convicted former president, Lee Myung-bak, who’s serving a 17-year term over his own corruption charges. At least one prominent member of Moon’s Democratic Party, Lee Nak-yon, has endorsed the idea of pardoning the former presidents as a gesture for “national unity.”
Park, 68, has described herself a victim of political revenge. She has refused to attend her trials since October 2017 and didn’t attend Thursday’s ruling. Her lawyer didn’t return calls seeking comment.
The downfall of Park and Lee Myung-bak extended South Korea’s decades-long streak of presidencies ending badly, fueling criticism that the country places too much power that is easily abused and often goes unchecked into the hands of elected leaders. Nearly every former president, or their family members and aides, have been mired in scandals near the end of their terms or after they left office.
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Louisiana Supreme Court has a new chief justice, John Weimer
Corporate Governance |
2021/01/10 11:54
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The Louisiana Supreme Court has a new chief justice. John Weimer, 66, of Thibodaux, took the oath of office this month as the state’s 26th chief justice. A ceremony marking his investiture was held in New Orleans on Thursday. Weimer fills the seat vacated by Bernette Joshua Johnson, who retired Dec. 31 after serving 26 years on the high court.
“I feel a profound sense of humility and the recognition of the obligation of service,” Weimer said. “I have served with three chief justices who have made their mark on the judiciary in special ways … I have learned much from each of them, and I promise to work hard to be dedicated to the principles of impartiality, independence and fairness while pursuing justice and acting with integrity just as my predecessors did.”
The Courier reports that Gov. John Bel Edwards, who spoke at Thursday’s ceremony, said Weimer is becoming Louisiana’s highest jurist during one of history’s most difficult periods, with a global pandemic raging.
“John Weimer is the right person to lead this court during these challenging times,” the Democratic governor said.
The new chief justice rose quickly through judicial ranks. Weimer became a state district judge for the 17th District in Thibodaux in 1995, before being elected to Louisiana’s 1st Circuit Court of Appeal in 1998. He was elected to the state Supreme Court in 2001 during a special election. He was re-elected to 10-year terms without opposition in 2002 and 2012.
Weimer ran as a Democrat through 2002, but without party affiliation in 2012.
His Supreme Court district includes Terrebonne, Lafourche, Assumption, Iberia, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin and St. Mary parishes and part of Jefferson Parish.
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Arizona Supreme Court upholds election challenge dismissal
Corporate Governance |
2021/01/06 11:50
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The high court ruling is the second time the majority-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.
Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election. That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.
Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.
The Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.
“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge ... is not the proper vehicle to reinstate voter registration.”
Biden won the state over Republican President Donald Trump by more than 10,000 votes and the results were certified last month.
The lawsuit brought by Burk, who isn’t a lawyer but represented herself, is nearly identical to a lawsuit dismissed in early December in federal court in Phoenix.
Burk’s lawsuit alleged Arizona’s election systems have security flaws that let election workers and foreign countries manipulate results. Opposing attorneys said the lawsuit used conspiracy theories to make allegations against a voting equipment vendor without any proof to back up claims of widespread election fraud in Arizona.
No evidence of voter or election fraud has emerged in Arizona. Despite that, Republicans who control the Legislature are pushing to review how Maricopa County, the state’s most populous, ran its election. Two subpoenas issued by the state Senate seeking an audit and to review voting machines, ballots and other materials are being challenged by Maricopa County.
Two of the failed legal challenges focused on the use of Sharpies to complete ballots were dismissed. Another lawsuit in which the Trump campaign sought inspection of ballots was dismissed after the campaign’s lawyer acknowledged the small number of ballots at issue wouldn’t have changed the outcome.
A judge dismissed a lawsuit in which the Arizona Republican Party tried to determine whether voting machines had been hacked.
Then a separate challenge by Arizona GOP Chairwoman Kelli Ward was tossed out by a judge who concluded the Republican leader failed to prove fraud and that the evidence presented at trial wouldn’t reverse Trump’s defeat. The state Supreme Court upheld that decision in an earlier ruling.
And a federal judge dismissed a lawsuit by conservative lawyer Sidney Powell, who alleged widespread election fraud through the manipulation of voting equipment. Burk’s lawsuit repeated some of Powell’s allegations word-for-word. |
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Republicans condemn 'scheme' to undo election for Trump
Biotech |
2021/01/05 14:20
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The unprecedented Republican effort to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden's win and keep President Donald Trump in office is undermining Americans’ faith in democracy.
Trump has enlisted support from a dozen Republican senators and up to 100 House Republicans to challenge the Electoral College vote when Congress convenes in a joint session to confirm President-elect Joe Biden’s 306-232 win.
With Biden set to be inaugurated Jan. 20, Trump is intensifying efforts to prevent the traditional transfer of power, ripping the party apart.
Despite Trump's claims of voter fraud, state officials have insisted the elections ran smoothly and there was no evidence of fraud or other problems that would change the outcome. The states have certified their results as fair and valid. Of the more than 50 lawsuits the president and his allies have filed challenging election results, nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court.
On a call disclosed Sunday, Trump can be heard pressuring Georgia officials to “find” him more votes.
But some senior lawmakers, including prominent Republicans, are pushing back.
“The 2020 election is over,” said a statement Sunday from a bipartisan group of 10 senators, including Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Mitt Romney of Utah.
The senators wrote that further attempts to cast doubt on the election are “contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results.”
Republican Gov. Larry Hogan of Maryland said, “The scheme by members of Congress to reject the certification of the presidential election makes a mockery of our system and who we are as Americans.”
Former House Speaker Paul Ryan, a Republican, said in a statement that “Biden’s victory is entirely legitimate" and that efforts to sow doubt about the election “strike at the foundation of our republic.”
Rep. Liz Cheney of Wyoming, the third-ranking House Republican, warned in a memo to colleagues that objections to the Electoral College results “set an exceptionally dangerous precedent.”
One of the more outspoken conservatives in Congress, Arkansas Republican Sen. Tom Cotton, said he will not oppose the counting of certified electoral votes on Jan. 6. "I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term?it will only embolden those Democrats who want to erode further our system of constitutional government.”
Cotton said he favors further investigation of any election problems, separate from the counting of the certified Electoral College results. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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