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Sen. Menendez enters not guilty plea to a new conspiracy charge
Headline Legal News | 2023/10/27 12:29
U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.

“Not guilty,” Menendez, 69, said when Judge Sidney H. Stein asked him for a plea to the charge. It was his first appearance before Stein, who is expected to preside over a trial tentatively scheduled for May.

Stein said the plea was the sole purpose for the hearing and adjourned the proceeding after less than five minutes. The New Jersey Democrat left the courthouse minutes later without speaking to reporters waiting outside. At an arraignment before a magistrate judge last month, Menendez was released on a $100,000 bond.

In a statement issued after the hearing, Menendez repeated his claim that the new charge “flies in the face of my long record of standing up for human rights and democracy in Egypt and in challenging leaders of that country.”

He again called it “as outrageous as it is absurd” and said he has been loyal only to the United States his entire life.

“The facts haven’t changed. The government is engaged in primitive hunting, by which the predator chases its prey until it’s exhausted and then kills it. This tactic won’t work,” he said. “I will not litigate this case through the press, but have made it abundantly clear that I have done nothing wrong and once all the facts are presented will be found innocent.”

Menendez was forced to step down from his powerful post leading the Senate committee after he was charged last month. Prosecutors said the senator and his wife, Nadine Menendez, accepted bribes of cash, gold bars and a luxury car over the past five years from three New Jersey businessmen in exchange for a variety of corrupt acts.

The other defendants entered not guilty charges to a superseding indictment last week. The senator was permitted to delay his arraignment so he could tend to Senate duties. He has said that throughout his life he has been loyal to the United States and that he will prove he is innocent.


Federal Judge rules California assault weapons ban unconstitutional
Headline Legal News | 2023/10/20 17:34
A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.

“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”

The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.

Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.

California Attorney General Rob Bonta said his office had already filed a notice of appeal.

“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”

John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling.


Biden’s second try at student loan cancellation moves forward with debate
Headline Legal News | 2023/10/10 12:23
President Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan.

In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June.

The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP.

In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education.

“Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.”

Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act.

The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt.


Writers’ union reaches tentative deal with Hollywood studios to end strike
Headline Legal News | 2023/09/26 10:11
The union representing screenwriters reached a tentative agreement with Hollywood studios to end a historic strike after nearly five months, raising hopes that a crippling shutdown of movie and television filming could be near an end.

Actors remain on strike, but the deal with writers might help them find a resolution soon as well.

The Writers Guild of America announced the deal Sunday in a joint statement with the Alliance of Motion Picture and Television Producers, the group that represents studios, streaming services and production companies in negotiations. The agreement must be approved by the guild’s board and members before the strike officially ends. That could happen this week.

The pact “was made possible by the enduring solidarity of WGA members and extraordinary support of our union siblings who joined us on the picket lines for over 146 days,” the guild said in an email to members.

In a longer message from the guild shared by members on social media, the writers were told the strike is not over and no one was to return to work until hearing otherwise, but picketing was to be suspended immediately.

The three-year contract agreement emerged after five marathon days of renewed talks by WGA and AMPTP negotiators, who were joined at times by studio executives. The terms were not immediately announced. The deal to end the last writers strike, in 2008, was approved by more than 90% of union members.

Media and entertainment companies got a small boost from the news. Shares in Warner Bros. Discovery, Paramount, Disney and Netflix all rose about 2% or less on Monday.


Hunter Biden sues the IRS over tax disclosures after agent testimony
Headline Legal News | 2023/09/19 09:57
Hunter Biden sued the Internal Revenue Service on Monday, claiming that two agents publicly alleging tax-probe interference wrongly shared his personal information, a case that comes amid escalating legal and political struggles as the 2024 election looms.

The agents “targeted and sought to embarrass Mr. Biden” with the sharing of confidential tax information in press interviews and testimony before Congress, the suit said. His lawyers argue that whistleblower protections don’t apply, but a lawyer for one agent said any confidential information released came under whistleblower authorization and called the suit a “frivolous smear.”

The lawsuit marks the latest legal pushback from Biden as a long-running federal investigation into him unfolds against a sharply political backdrop. That includes an impeachment inquiry aimed at his father, President Joe Biden, seeking to tie him to his son’s business dealings.

“Mr. Biden is the son of the President of the United States. He has all the same responsibilities as any other American citizen, and the IRS can and should make certain that he abides by those responsibilities,” the suit states. “Similarly, Mr. Biden has no fewer or lesser rights than any other American citizen, and no government agency or government agent” has free rein to violate his rights simply because of who he is.

The suit says the IRS hasn’t done enough to halt the airing of his personal information. It seeks to “force compliance with federal tax and privacy laws” and damages of $1,000 for every unauthorized disclosure.

IRS supervisory special agent Greg Shapley, and a second agent, Joe Ziegler, have claimed there was a pattern of “slow-walking investigative steps” into Hunter Biden in testimony before Congress. They alleged that the prosecutor overseeing the investigation, Delaware U.S. Attorney David Weiss, didn’t have full authority to bring charges in other jurisdictions. Weiss and the Justice Department have denied that.

Shapley’s lawyer called the lawsuit a “frivolous smear” that sought to “intimidate any current and future whistleblowers.” He didn’t release confidential tax information except through legal whistleblower disclosures, his attorney said. “Once Congress released that testimony, like every American citizen, he has a right to discuss that public information.”


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