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Justices to take up dispute over subpoenas for Trump records
Court Watch | 2019/12/10 13:38
The Supreme Court said Friday it will hear President Donald Trump’s pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump’s tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it’s almost certain the court won’t hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president’s power to refuse a formal request from Congress.


Brazil court delivers setback to ex-leader da Silva
Court Watch | 2019/12/01 20:47
A court on Wednesday upheld a corruption conviction against former Brazilian President Luiz Inacio Lula da Silva, who was released from prison earlier this month.

A three-judge panel in Porto Alegre also ruled that da Silva’s prison sentence should be raised by four years to 17 years.

Da Silva remains free for now. He was released Nov. 8 after 19 months in jail when the Supreme Court ruled a person can be imprisoned only after all appeals have been exhausted.

Da Silva, who governed Brazil from 2003 to 2010, denies wrongdoing and says corruption cases against him are politically motivated.

The judges in Porto Alegre were ruling on a case in which da Silva allegedly benefited from upgrades that the Odebrecht and OAS firms made to a Sao Paulo farm.


Indian court rules in favor of Hindu temple on disputed land
Court Watch | 2019/11/09 18:04
India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.

The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.

Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.

The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."

The disputed land, meanwhile, will be given to a board of trustees for the construction of a temple to the Hindu god Ram.


Georgia high court affirms dismissal of election challenge
Court Watch | 2019/11/01 20:34
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.




Supreme Court takes up case over quick deportations
Court Watch | 2019/10/17 14:00
The Supreme Court will review a lower court ruling in favor of a man seeking asylum and which the Trump administration says could further clog the U.S. immigration court system.

The justices said Friday they will hear the administration's appeal of a ruling by the federal appeals court in San Francisco that blocked the quick deportation of a man from Sri Lanka.

The high court's decision should come by early summer in the middle of the presidential campaign. It could have major implications for those seeking asylum and administration efforts to speed up deportations for many who enter the U.S. and claim they'll be harmed if they are sent home.

The court's intervention comes in the case of Vijayakumar Thuraissigiam. He is a member of the Tamil ethnic minority who says he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam.

He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers. He crossed the U.S.-Mexico border on Feb. 17, 2017 where he was arrested by a Border Patrol agent 25 yards into the U.S.

He requested asylum. But he did not pass his initial screening, a "credible fear" interview where he had to show a well-founded fear of persecution, torture or death if he were to return to his home country. Nearly 90 percent of all asylum seekers pass their initial interview, and then are generally released into the country where they await court proceedings.



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