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Travel ban is headed back to a federal appeals court in Virginia
Court News |
2017/12/08 16:58
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Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.
The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.
The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.
Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.
Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.
The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.
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Comedian Artie Lange arrested for skipping court
Court News |
2017/12/07 16:56
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Comedian Artie Lange has been arrested for skipping a court appearance.
NJ.com reports Lange was arrested Tuesday night at his home in Hoboken. Authorities say Lange failed to appear in Superior Court in Essex County for charges stemming from a drug arrest earlier this year.
Police said they found Lange with a bag of heroin during a traffic stop in May. Lange faces charges of possession of a controlled dangerous substance and drug paraphernalia in the case.
Lange's arrest follows a strange incident over the weekend in which the comedian tweeted a picture of himself with a swollen nose. Hoboken police responded to Lange's home and he later apologized.
Lange wrote in a tweet that he missed court because of a "bad communication" with his lawyer.
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Belgian court pushes back extradition hearing for 5 Catalans
Court News |
2017/11/19 13:34
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A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.
The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.
Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.
Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.
Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month. |
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Brazilian court revives case against Olympian Ryan Lochte
Court News |
2017/10/28 18:44
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Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.
"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."
Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.
Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.
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Court asked to decide whether to limit electronics searches
Court News |
2017/10/26 10:01
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A federal appeals court is being asked to decide whether government agents can search cell phones and laptops at airports without a search warrant.
The American Civil Liberties Union argues that warrantless searches of personal information on electronic devices are unconstitutional, and that significant privacy interests are at stake.
The 4th U.S. Circuit Court of Appeals in Richmond hears arguments Thursday in the case of a Turkish national convicted of trying to illegally smuggle weapons parts to Turkey.
Hamza Kolsuz was arrested at Washington Dulles International Airport in Virginia after agents found weapons parts in his luggage, and a judge denied his motion to suppress evidence found during a forensic search of his phone. |
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