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Supreme Court considering whether Trump must open tax returns
Legal Interview |
2019/11/05 18:09
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California’s Supreme Court is considering Wednesday whether President Donald Trump must disclose his tax returns if he wants to be a candidate in the state’s primary election next spring.
The high court is hearing arguments even though a federal judge already temporarily blocked the state law requiring presidential candidates to release their tax returns in order to be included in the state’s primary.
The justices’ consideration comes the same week that a federal appeals court in New York ruled that Trump’s tax returns can be turned over to state criminal investigators there, although that ruling is expected to be appealed to the U.S. Supreme Court.
The California Republican Party and chairwoman Jessica Millan Patterson filed the state lawsuit challenging Democratic Gov. Gavin Newsom’s signing in July of the law aimed at the Republican president.
It’s a clear violation of the California Constitution, opponents argued, citing a 1972 voter-approved amendment they said guarantees that all recognized candidates must be on the ballot.
Previously, “California politicians rigged the primary election, putting up ‘favorite son’ nominees for partisan political advantage,” they wrote, suggesting that Democratic lawmakers are doing the same thing now by different means.
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Appeals court agrees Trump tax returns can be turned over
Politics |
2019/11/03 18:09
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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.
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Georgia high court affirms dismissal of election challenge
Court Watch |
2019/11/01 20:34
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Georgia's highest court on Thursday affirmed a lower court dismissal of a lawsuit challenging the outcome of last year's race for lieutenant governor in a case that put a spotlight on the outdated voting machines the state is in the process of replacing.
The lawsuit alleged that an undercount of tens of thousands of votes in the lieutenant governor's race was likely caused by problems with the state's paperless touchscreen voting machines that either caused voters not to vote in that race or those votes to go uncounted.
That assertion is "wholly unsupported" by the record in the case, so the trial court wasn't wrong to conclude that the plaintiffs "failed to meet their burden of showing an irregularity in Georgia's electronic voting system sufficient to cast doubt on the 2018 election," Georgia Supreme Court Justice Sarah Warren wrote in the unanimous opinion.
Republican Geoff Duncan beat Democrat Sarah Riggs Amico by 123,172 votes to become lieutenant governor. Amico is not a party to the lawsuit, which was filed in November by the Coalition for Good Governance, an election integrity advocacy organization; Smythe Duval, who ran for secretary of state as a Libertarian; and two Georgia voters. It was filed against Duncan and election officials.
Senior Superior Court Judge Adele Grubbs dismissed the lawsuit in January. In their appeal to the high court, the plaintiffs argued that Grubbs erred by not allowing discovery prior to trial.
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Court to hear arguments on Maryland political ads law
Headline Legal News |
2019/10/27 20:35
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After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.
But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.
Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.
The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.
U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.
At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.
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French court postpones ruling on cement firm Lafarge case
Court News |
2019/10/23 20:38
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A French court has postponed until Nov. 7 a decision on whether to uphold preliminary charges against French cement manufacturer Lafarge, including "complicity in crimes against humanity."
The decision comes as the Paris appeal court on Thursday ruled in favor of Lafarge's request that some NGOs that had filed legal complaints could no longer be plaintiffs in the case.
Lafarge has acknowledged funneling money to Syrian armed organizations in 2013 and 2014 ?allegedly including the Islamic State group? to guarantee safe passage for employees and supply its plant in the war-torn country.
The company appealed the charges, which also include financing a terrorist enterprise, violation of an embargo and endangering others.
The wrongdoing preceded Lafarge's merger with Swiss company Holcim in 2015 to create LafargeHolcim, the world's largest cement maker. |
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