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The Latest: Bolton says international court 'dead to us'
Court Watch | 2018/09/10 13:25
The United States is pledging to use "any means necessary" to protect American citizens and allies from International Criminal Court prosecution.

President Donald Trump's national security adviser, John Bolton, says the court is "illegitimate" and "for all intents and purposes, the ICC is already dead to us."

Bolton delivered his remarks Monday to the conservative Federalist Society in Washington. He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.

The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.

President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.

The State Department is announcing the closure of the Palestine Liberation Organization office in Washington.

The department says that the PLO "has not taken steps to advance the start of direct and meaningful negotiations with Israel."

It accuses the Palestinian leadership of condemning a yet-to-be-released Trump administration plan to forge peace between Israel and the Palestinians. It also contends that the PLO is refusing to engage with the U.S. government on peace efforts.

In its statement Monday, the department says its decision is also consistent with administration and congressional concerns with Palestinian attempts to prompt an investigation of Israel by the International Criminal Court.


The Latest: Authorities: Officer arrested for manslaughter
Court Watch | 2018/09/09 13:26
The Texas Department of Public Safety says a white Dallas police officer has been arrested on a manslaughter warrant in the shooting of a black man at his apartment.

The department said in a news release Sunday night that Officer Amber Guyger was booked into the Kaufman County Jail and that the investigation is ongoing. It said no additional information is available at this time. The 30-year-old Guyger killed 26-year-old Botham Jean on Thursday.

Police say Guyger shot and killed Jean after returning in uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean's apartment for her own.

The lawyer for the family of a 26-year-old man who was shot and killed by a Dallas police officer who said she mistook his apartment for hers is calling for her to be charged.

S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn't calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process.

But he says they want Guyger "to be treated like every other citizen, and where there is evidence that they've committed a crime, that there's a warrant to be issued and an arrest to be made."

Online records show that Guyger hadn't been charged as of Sunday morning.



Audit: West Virginia Supreme Court skirted pay law
Attorney News | 2018/09/08 13:27
A new legislative audit report says West Virginia's Supreme Court skirted state law concerning pay for senior status judges.

News outlets report the audit released last week found 10 senior-status judges were authorized overpayments. State law prohibits them from making more than active circuit judges. The audit said that to circumvent the law, Supreme Court officials began converting senior status judges from employees to independent contractors.

The audit by the Legislative Auditor's Office Post Audit Division also pegged renovations for Supreme Court offices between 2012 and 2016 at $3.4 million, including $1.9 million for the five justices' chambers. Auditors say invoices for renovations to the court's law library and administrative offices were not made available.

Four justices who were impeached by the House of Delegates are due to go before the state Senate on Tuesday.



Pipeline company found guilty in 2015 California oil spill
Court Watch | 2018/09/07 13:27
A pipeline company was convicted of nine criminal charges Friday for causing the worst California coastal spill in 25 years, a disaster that blackened popular beaches for miles, killed wildlife and hurt tourism and fishing.

A Santa Barbara County jury found Houston-based Plains All American Pipeline guilty of a felony count of failing to properly maintain its pipeline and eight misdemeanor charges, including killing marine mammals and protected sea birds.

California Attorney General Xavier Becerra said in a statement that Plains’ actions were not only reckless and irresponsible but also criminal.

“Today’s verdict should send a message: if you endanger our environment and wildlife, we will hold you accountable,” he said.

Plains said in a statement that the jury didn’t find any knowing misconduct by the company and “accepts full responsibility for the impact of the accident.”

“We are committed to doing the right thing,” the company said.

The company said its operation of the pipeline met or exceeded legal and industry standards, and believes the jury erred in its verdict on one count where California law allowed a conviction under a standard of negligence.

“We intend to fully evaluate and consider all of our legal options with respect to the trial and resulting jury decision,” Plains said.

The company is set to be sentenced on Dec. 13. Because it’s a company, and not a person, Plains only faces fines, though it’s unclear how steep the penalties could be.

Plains had faced a total of 15 charges for the rupture of a corroded pipeline that sent at least 123,000 gallons (465,000 liters) of crude oil gushing onto Refugio State Beach in Santa Barbara County, northwest of Los Angeles.


Court: Cities can't prosecute people for sleeping on streets
Legal Business | 2018/09/06 02:41
Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.

The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws.

It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality.

When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full.

But that didn't solve the problem, the attorneys said, because Boise's shelters limit the number of days that homeless residents can stay. Two of the city's three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.

The three-judge panel for the 9th Circuit found that the shelter rules meant homeless people would still be at risk of prosecution even on days when beds were open. The judges also said the religious programming woven into some shelter programs was a problem.


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