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Spanish court nixes terrorism accusation in Basque incident
Topics in Legal News | 2018/06/01 10:56
Spain's National Court has sentenced seven men and a woman to between two and 13 years in prison for beating up two police officers and their girlfriends, but rejected the prosecutors' argument that the defendants should face terror charges.

The call for terror charges caused outrage at the trial because the incident took place two years ago in an area of northern Spain with a strong Basque identity.

The Basque region is trying to put behind it decades of violence at the hands of armed separatist group ETA, which killed more than 800 people, including police, before giving up its armed campaign in 2011.

The court said in sentencing Friday that terrorist intent was not proven and that the accused did not belong to a terrorist organization.


Congressional Dems take Trump to court over foreign favors
Court Watch | 2018/06/01 10:53
Lawyers representing nearly 200 Democrats in Congress plan to argue in federal court Thursday that President Donald Trump is violating the Constitution by accepting foreign state favors without first seeking congressional approval.

The case argues that the president has received foreign government favors, such as Chinese government trademarks for his companies, payments for hotel room stays and event space rentals by representatives of Saudi Arabia and Kuwait, and proceeds from Chinese or Emirati-linked government purchases of office space in Trump Tower.

Ethics experts say the constitutional emoluments clause was created by the Founding Fathers to ensure that government officials act with the interests of the American public in mind instead of their own pocketbooks. Since then, it has been applied to the lowest of government of officials up to the president without a court challenge.

"This argument on Thursday will essentially put to the test the proposition that no one is above the law, not even the president," said Sen. Richard Blumenthal, a Connecticut Democrat who is leading the effort. "He's thumbed his nose at the plain text and in doing so he's thumbed his nose at the American people."

Unlike prior presidents, Trump chose not to divest from his assets and he remains the owner of the Trump Organization, a sprawling business empire with 550 entities in more than 20 countries that include branded hotels, golf courses, licensing deals and other interests. His Washington, D.C., hotel just steps from the White House has become a magnet for foreign governments, including groups tied to Kuwait, Bahrain, Turkey, Malaysia and Saudi Arabia.


Court: Montana minimizes impact of mining near Yellowstone
Court Watch | 2018/05/27 10:59
A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.

The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.

The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.

The results of the exploration work would guide the company's future plans for commercial-scale mining.

Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.

State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.

The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said.


Court program in Dona Ana County focuses on veterans
Topics in Legal News | 2018/05/17 10:59
A new court program has opened in Dona Ana County that focuses on the substance abuse and mental health issues facing military veterans who have been charged with non-violent crimes.

Las Cruces Sun-News reports that the first hearing in the 3rd Judicial District Court's Veterans Treatment Court program was held on Wednesday.

It's the first veterans court program in southern New Mexico

The judicial district already has other "problem-solving courts," such as a drug court for juveniles and adults that tries to help rehabilitate repeat offenders whose offenses are driven by substance abuse.

Veterans participating in the new program will be given individualized treatment and counseling programs that run an average of 14 months or longer.


Czech court: Attacker on Petra Kvitova taken into custody
Topics in Legal News | 2018/05/17 10:59
A Czech Republic court has ruled a suspect in a knife attack on two-time Wimbledon champion Petra Kvitova be taken into custody.

Zuzana Buresova, a spokesperson for the county court in the city of Prostejov, says the court issued the ruling on Thursday. Buresova declined to give any further details.

Police have not commented yet, and declined to confirm the man's arrest, citing an ongoing investigation.

After the attack in her home in Prostejov in December 2016, Kvitova had surgery on injuries to her playing left hand.

It took her more than five months to recover.

In a message to local media from Paris, where she is getting ready for the French Open, Kvitova called it "good news."


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