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Travel ban decision in hands of federal appeals court judges
Politics |
2017/02/07 23:45
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A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.
It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.
"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.
A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.
Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"
The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.
The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.
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Court upholds guilty verdict for Russian opposition leader
Court Watch |
2017/02/06 23:45
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A Russian court on Wednesday found opposition leader Alexei Navalny guilty in the retrial of a 2013 fraud case, which formally disqualifies him as a candidate for president next year.
However, the first time Navalny was convicted, his sentence was suspended and he was allowed to be a candidate for mayor of Moscow. An associate said Navalny will carry on with the presidential campaign he announced in December.
In a webcast hearing in Kirov, a city nearly 800 kilometers (500 miles) east of Moscow, Judge Alexei Vtyurin found Navalny guilty of embezzling timber worth 16 million rubles ($270,000) and gave him a five-year suspended sentence. The previous guilty verdict was overturned by the European Court of Human Rights which ruled that Russia violated Navalny's right to a fair trial.
During a break in the proceedings, Navalny told reporters that he and his lawyers were comparing this verdict with the text of the 2013 verdict and found them to be identical.
"You can come over and see that the judge is reading exactly the same text, which says a lot about the whole trial," Navalny told reporters, adding that even the typos in the names of companies were identical in both rulings.
Navalny, the driving force behind massive anti-government protests in Moscow 2011 and 2012, had announced plans to run for office in December and had begun to raise funds.
Navalny's campaign manager, Leonid Volkov, insisted that the campaign goes on even though the guilty verdict formally bars Navalny from running.
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Court appeals temporarily delay Texas execution
Court Watch |
2017/01/28 13:30
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Texas prison officials temporarily delayed the scheduled Thursday night execution of a man convicted of a fatal robbery at a Dallas-area sandwich shop while the U.S. Supreme Court considered multiple appeals to keep him from lethal injection.
Terry Edwards remained in a small cell near the Texas death chamber. A Texas Department of Criminal Justice spokesman, Jason Clark, described him as apprehensive.
The court order setting his punishment gave prison officials a six-hour window to carry out the execution. The order expires at midnight and Texas would not move forward with the punishment if the appeals were not resolved by then.
Evidence showed Edwards worked at the restaurant but was fired a few weeks earlier for stealing from the cash register. An employee and the store manager were killed in the $3,000 holdup in Balch Springs, about 15 miles southeast of downtown Dallas.
Edwards, 43, would be the second prisoner executed this year in Texas, the third nationally. |
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Driver due in court in Cleveland officer's hit-and-run death
Legal Business |
2017/01/26 13:30
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The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.
Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.
Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.
Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.
A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.
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Greek court rejects extradition for Turkish servicemen
Headline Legal News |
2017/01/25 13:30
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Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt.
Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to face a fair trial if returned to Turkey.
The eight officers fought extradition in a six-month legal battle, arguing that they face mistreatment in prison if returned.
Justice Minister Stavros Kontonis earlier this week had said he would respect the court decision and not make use of executive powers in the extradition case.
Lower courts issued mixed decisions on the return of the officers in a series of separate hearings.
The extradition case has further complicated ties between neighbors and NATO allies Greece and Turkey, which remain at odds over war-divided Cyprus and boundaries in the Aegean Sea.
Hours ahead of Thursday's decision, Turkish Foreign Ministry spokesman Huseyin Muftuoglu said he expected the servicemen to be returned.
"Our greatest expectation is for the coup plotters to be delivered to the Turkish judicial (authorities). We shall be following the results of this case," he said. "These coup plotters should not go unpunished." |
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