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Flake stokes presidential speculation as court debate rages
Court Watch | 2018/10/02 00:53
The Republican senator who suddenly sits at the center of the explosive debate over President Donald Trump's Supreme Court pick was set to address New Hampshire voters on Monday ahead of a possible run for president.

Arizona Sen. Jeff Flake was scheduled to speak in New Hampshire Monday evening, his second appearance this year in the state that hosts the nation's first presidential primary election.

Three days earlier, Flake single-handedly delayed Brett Kavanaugh's confirmation proceedings by insisting on an FBI investigation as a condition for his support.

Flake told CBS' "60 Minutes" on Sunday that he believed the woman accusing Kavanaugh of sexual assault and said the conservative judge's nomination would be "over" if federal investigators determine he lied to the committee.

Flake, a 55-year-old lifelong conservative who is retiring from the Senate at the end of the year, has quickly emerged as the centerpiece of a passionate lobbying effort from the right and left.

Organizers said a separate Flake appearance in Boston earlier in the day was moved to City Hall after security concerns emerged about the original location.

Hundreds of liberal protesters, victims of sexual assault among them, pleaded with Flake to block Kavanaugh's nomination outside the venue. A similar demonstration was planned for New Hampshire.


Supreme Court won't hear case over California beach access
Court Watch | 2018/10/01 11:54
The Supreme Court is refusing to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.

The justices said Monday that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.

Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.

A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.

Khosla — a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems — closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.

The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.

The previous owners of the property allowed public access to the beach for a fee. But Khosla's attorneys say the cost to maintain the beach and other facilities far exceeded revenue from the fees.

The government cannot demand that people keep their private property open to the public without paying them to do so, Khosla's attorneys said in their appeal to the U.S. Supreme Court.

The state appeals court ruling would "throw private property rights in California into disarray," the appeal argued, saying other property owners along California's coast would prefer to exclude the public.

The Surfrider Foundation said Khosla's appeal to the U.S. Supreme Court was premature because he had not yet applied for a permit and received a decision from the state.

"This win helps to secure beach access for all people, as is enshrined in our laws," said Angela Howe, legal director of the foundation. "The Surfrider Foundation will always fight to preserve the rights of the many from becoming the assets of the few."


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.



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.


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