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Dutch court needs more time to rule on Crimean treasures
Headline Legal News |
2019/07/15 12:16
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An appeals court in Amsterdam said Tuesday it needs more time to rule on the ownership of a valuable trove of historical artefacts loaned to a Dutch museum by four museums in Crimea shortly before the region’s annexation by Russia in 2014.
The Amsterdam Court of Appeal said in an interim ruling that it needs “greater clarity” on the competing claims by Ukraine and the museums in Crimea. The court says it expects to deliver a final judgment in six to nine months.
Russia’s 2014 annexation of Crimea left the approximately 300 artefacts, including bronze swords, golden helmets and precious, gems in a legal limbo, as both Ukraine and the Crimean museums now controlled by Russia have demanded their return by Amsterdam’s Allard Pierson Museum.
“It is now a question of deciding who has the strongest rights; either the Crimean museums claiming a right of operational management under Ukrainian law, or the Ukrainian State claiming ownership of the Crimean treasures,” the court said.
The Dutch museum had borrowed the artifacts for an exhibition that opened a month before the annexation. It has kept them in storage pending resolution of the cultural tug-of-war and declined comment on the legal proceedings.
The court ruled that the Amsterdam museum was entitled to hold onto the artefacts “in view of the complex situation in Crimea.”
Among the objects in the exhibition are a solid gold Scythian helmet from the 4th century B.C. and a golden neck ornament from the second century A.D. that each weigh more than a kilogram (two pounds). |
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Women urge jail until trial for Epstein as judge weighs bail
Topics in Legal News |
2019/07/14 12:15
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Two Jeffrey Epstein accusers urged a judge Monday to keep the wealthy financier behind bars until he goes on trial on federal charges that he sexually abused underage girls.
The women stood just feet from where Epstein was seated in his blue jail outfit as they asked a federal judge to reject a request by Epstein’s lawyers that he remain under house arrest in his $77 million Manhattan mansion until trial on conspiracy and sex trafficking charges.
Courtney Wild, an unnamed victim in the 2008 lawsuit against the Department of Justice for the secret plea deal that allowed Epstein to avoid similar charges, spoke for the first time in court with a fellow accuser.
Annie Farmer said she was 16 when she met Epstein in New York. She said he later flew her to New Mexico to spend time with him there.
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US appeals court sides with Trump in lawsuit involving hotel
Court Watch |
2019/07/11 11:23
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A federal appeals court threw out a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel, handing Trump a significant legal victory Wednesday.
A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously overturned the ruling of a federal judge in Maryland who said the lawsuit could move forward.
The state of Maryland and the District of Columbia sued in 2017, claiming Trump has violated the emoluments clause of the Constitution by accepting profits through foreign and domestic officials who stay at the Trump International Hotel. The case is one of three that argue the president is violating the provision, which prohibits federal officials from accepting benefits from foreign or state governments without congressional approval.
In the case before the 4th Circuit, the court found the two jurisdictions lack standing to pursue their claims against the president, and granted a petition for a rare writ of mandamus, directing U.S. District Court Judge Peter Messitte to dismiss the lawsuit.
Trump heralded the decision in a tweet, saying, "Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt." Trump tweeted that he doesn't make money but loses "a fortune" by serving as president. |
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Court to Trump: Blocking Twitter critics is unconstitutional
Legal Interview |
2019/07/11 11:21
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President Donald Trump lost a major Twitter fight Tuesday when a federal appeals court said that his daily musings and pronouncements were overwhelmingly official in nature and that he violated the First Amendment whenever he blocked a critic to silence a viewpoint.
The effect of the 2nd U.S. Circuit Court of Appeals decision is likely to reverberate throughout politics after the Manhattan court warned that any elected official using a social media account “for all manner of official purposes” and then excluding critics violates free speech.
“The government is not permitted to ‘amplify’ favored speech by banning or burdening viewpoints with which it disagrees,” the appeals court said.
Because it involved Trump, the ruling is getting more attention than a January decision by the 4th U.S. Circuit Court of Appeals that found a Virginia politician violated the First Amendment rights of one of her constituents by blocking him from a Facebook page.
Still, the appeals court in New York acknowledged, not every social media account operated by a public official is a government account, and First Amendment violations must be considered on a case-by-case basis.
“The irony in all of this is that we write at a time in the history of this nation when the conduct of our government and its officials is subject to wide-open, robust debate,” Circuit Judge Barrington D. Parker wrote on behalf of a three-judge panel.
The debate generates a “level of passion and intensity the likes of which have rarely been seen,” the court’s decision read.
“This debate, as uncomfortable and as unpleasant as it frequently may be, is nonetheless a good thing,” the 2nd Circuit added. “In resolving this appeal, we remind the litigants and the public that if the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less.”
The Department of Justice is disappointed by the ruling and is exploring possible next steps, agency spokesperson Kelly Laco said. |
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Fines, jail, probation, debt: Court policies punish the poor
Legal Interview |
2019/07/08 11:23
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Johnny Gibbs has been trying to get a valid driver’s license for 20 years, but he just can’t afford it.
To punish him for high school truancy in 1999, Tennessee officials told him he would not be able to legally drive until he turned 21. He drove anyway, incurring two tickets and racking up more than $1,000 in fines and fees.
Like other low-income defendants in similar situations across the country, Gibbs couldn’t pay and ended up serving jail time and probation. That incurred another cost: a monthly supervision fee to a private probation company.
Rather than risk another arrest, Gibbs, now 38, decided to quit driving, which he said makes it nearly impossible to work. He said he spent several years living in a motel room with his mother, his disabled father and his sister before they all became homeless. In August, the family found housing in a dilapidated trailer, miles from the nearest town or food source.
A growing number of legal groups and nonprofit organizations throughout the U.S. are challenging these practices, but they continue — despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines.
In Oklahoma, for example, the Washington-based Civil Rights Corps, which has litigated more than 20 lawsuits since it was founded in 2016 to undo various aspects of “user-funded justice,” is challenging policies that it claims have led to one of the highest incarceration rates in the world.
Counties across the state of Oklahoma refer debt collection to a for-profit company, Aberdeen Enterprizes II, which adds an additional 30 percent fee and threatens debtors with arrest. Many of those who can’t pay are not just thrown in jail; they’re also made to pay for their incarceration, further increasing their debt.
Tennessee Supreme Court Justice Jeffrey Bivens said reforming fees, fines and bail is a priority of the Conference of Chief Justices, a nonprofit organization comprising top judicial officials from each of the 50 states. |
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