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FBI tapes might elude Illinois impeachment panel
Breaking Legal News |
2009/01/07 09:16
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State legislators weighing evidence against Gov. Rod Blagojevich may finish their work before getting any tapes of the governor's conversations that were made secretly by the FBI, attorneys indicated Monday. The House impeachment panel is racing to complete its job, possibly by the end of this week. But the efforts of federal prosecutors to give the panel some of the FBI tapes face a potential obstacle course in court that could take up several weeks. "These tapes are relevant evidence; we'd like to have them," said David Ellis, a lawyer for the impeachment panel. But he said the panel could wrap up its work as early as this week, and "we have already gathered a large volume of evidence." Blagojevich, 52, a two-term Democrat, is charged along with former Chief of Staff John Harris with a scheme to sell or trade the U.S. Senate seat left vacant by Barack Obama's election as president. Blagojevich is also charged with illegally plotting to use his power as governor to squeeze roadbuilders, a harness racing executive and the head of a children's hospital, among others, for hefty campaign contributions. Prosecutors propose to provide the impeachment panel with a few minutes of the extensive recordings the FBI made of the governor talking with aides and others. |
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US govt to NY judge: Jail Madoff without bail
Securities |
2009/01/06 09:03
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Prosecutors on Monday said disgraced financier Bernard Madoff violated bail conditions by mailing about $1 million worth of jewelry and other assets to relatives and should be jailed without bail. "The defendant's recent actions amount to obstruction of justice," Assistant U.S. Attorney Marc Litt told a judge at a hearing in federal court in Manhattan. U.S. District Magistrate Ronald Ellis asked the lawyers to submit written arguments and said he would rule later. Madoff's lawyer, Ira Sorkin, described the items as heirlooms that included cufflinks and antique watches. He said they were not significant assets. The items were sent to Madoff's children and to unidentified friends vacationing in Florida. "We maintain it happened innocently," Sorkin said. "He's not a threat to the community and there's no danger he's going to flee." Madoff later left the courthouse, riding away in a silver sedan while surrounded by a swarm of cameras, and returning to his Upper East Side apartment. The 70-year-old former Nasdaq stock market chairman was arrested Dec. 11 on securities fraud charges alleging he duped investors out of as much as $50 billion in a giant Ponzi scheme. The prosecutor told the judge the case against Madoff "is strong and getting stronger." Madoff, who owns yachts and mansions in New York's Hamptons and Palm Beach, Fla., has been confined to his Manhattan apartment under house arrest. |
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Calif. court sides with Episcopals over property
Legal Business |
2009/01/06 09:03
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The state's high court ruled Monday that three Southern California parishes that left the U.S. Episcopal Church over its ordination of gay ministers cannot retain ownership of their church buildings and property. In an unanimous decision, the California Supreme Court ruled that the property belongs to the Episcopal Church because the parishes agreed to abide by the mother church's rules, which include specific language about property ownership. St. James Church in Newport Beach, All Saints Church in Long Beach and St. David's Church in North Hollywood pulled out of the 2.1 million-member national Episcopal Church in 2004 and sought to retain property ownership. Each church held deeds in their names to the property. The court ruled that Episcopal Church canons made it clear the property belonged to the individual parishes only as long as they remained part of the bigger church. "When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Supreme Court Justice Ming Chin wrote for the seven-member court. The 2003 ordination of an openly gay bishop in New Hampshire set off a wide-ranging debate within the church and upset conservative congregations. Since then, four dioceses and about 100 individual churches have split and set off bitter religious and legal feuds over church doctrine and division of property. |
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Blackwater guards to appear in court Tuesday
Law Center |
2009/01/06 09:02
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Five Blackwater Worldwide security guards are expected to appear in federal court to answer to manslaughter charges in the 2007 shooting deaths of 17 Iraqi civilians in Baghdad. The Blackwater guards are scheduled to appear for arraignment Tuesday afternoon in U.S. District Court on manslaughter and weapons charges in the shootings. Expected to enter not guilty pleas are former Marines Donald Ball of West Valley City, Utah; Dustin Heard of Knoxville, Tenn.; Evan Liberty of Rochester, N.H.; and Army veterans Nick Slatten of Sparta, Tenn., and Paul Slough of Keller, Texas. A sixth guard — Jeremy Ridgeway of California — has pleaded guilty to one count each of manslaughter, attempted manslaughter, and aiding and abetting. He has agreed to cooperate with investigators. Prosecutors said the men unleashed a gruesome attack on unarmed Iraqis, including women, children and people trying to escape. But defendants contend they opened fire after coming under attack when a car in a State Department convoy they were escorting broke down. Blackwater radio logs made available to The Associated Press by a defense attorney in the case last month raised questions about prosecutors' claims that the guards' shooting was unprovoked. The log transcripts describe a hectic eight minutes in which the guards repeatedly reported incoming gunfire from insurgents and Iraqi police. The North Carolina-based Blackwater is the largest contractor providing security in Iraq. Most of its work for the State Department is in protecting U.S. diplomats in Iraq. The company has not been charged in connection with the shooting. |
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NJ high court hearing case on witness intimidation
Court Watch |
2009/01/06 09:02
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New Jersey's highest court is grappling with one of the thorniest issues facing criminal justice today: what to do in cases where witnesses to a crime have been threatened or intimidated by defendants to the point where they refuse to testify in court. The issue is a pressing one in areas where intimidation by gang members, drug dealers and other defendants is making potential witnesses afraid they or their loved ones will be harmed or killed if they take the stand. The state Supreme Court in Trenton heard nearly two hours of arguments Monday on a case that deals with what the state Attorney General's Office calls "the greatest threat" to prosecution in gang, organized crime and domestic violence cases. The state wants to be allowed let jurors hear the out-of-court statements of witnesses who have been threatened without presenting the witnesses themselves. But defense lawyers argue that would not be fair to defendants, who have the Constitutional right to confront their accusers in court. Deputy Attorney General Daniel Bornstein told the court he has read numerous media accounts of witnesses being intimidated or threatened around the state. |
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Obama names Harvard Dean solicitor general
Politics |
2009/01/05 09:14
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President-elect Barack Obama wants the dean at his alma mater, Harvard Law School, to represent the United States before the Supreme Court. Obama on Monday announced that Harvard Law School Dean Elena Kagan is his nominee for solicitor general. Kagan worked on the University of Chicago Law School faculty at the same time as Obama served on the faculty during the 1990s and at Harvard has won praise for building consensus and for record fundraising. Obama announced three other leading Justice Department nominations. Washington lawyers David Ogden and Tom Perrelli were chosen as deputy attorney general and associate attorney general. And Indiana University School of Law professor Dawn Johnsen is his choice to be assistant attorney general for the office of legal counsel. |
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US appeals court: Detainee IDs can be secret
Breaking Legal News |
2009/01/05 09:14
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A federal appeals court has ruled that the government can keep secret the identities of detainees allegedly abused at the Guantanamo Bay prison camp. The 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling Monday, reversing a lower court judge. The appeals court found that the detainees and their families have a privacy interest in their identifying information. The government had argued that the detainees faced possible harm if their identities were revealed. The appeals court said that The Associated Press, which sought the identities, had not shown how the public interest would be served by disclosing them. A lawyer for the AP said he would comment after he studies the ruling. |
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