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Trump Has Successfully Gamed the Courts
Press Release | 2019/12/08 13:39
At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations.

What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump.

None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.



San Francisco police chief: Journalist ‘crossed the line’
Press Release | 2019/05/19 14:47
The San Francisco police chief said Tuesday that he respects the news media, but a freelance journalist whose home and office were raided by officers had “crossed the line” by joining a conspiracy to steal a confidential report.

Chief William Scott addressed reporters hours after police agreed in court to return property seized from Bryan Carmody in raids aimed at uncovering the source of a leaked police report into the unexpected death of the city’s former elected public defender, Jeff Adachi.

Tensions are high in the case, which has alarmed journalism advocates and put pressure on elected leaders in the politically liberal city to defend the press.

Authorities believe a police department employee was involved and had contact with Carmody.

“We believe that that contact and that interaction went across the line. It went past just doing your job as a journalist,” Scott said.

He added: “This is a big deal to us, as well it should be. It’s a big deal to the public. It’s a big deal to you all.”

Scott said the primary target of the ongoing investigation is the employee, whose identity investigators do not know. He said the secondary focus is on Carmody, who may have been motivated by profit or a desire to tarnish Adachi’s reputation, or both.



Nissan's Ghosn tells Tokyo court he is innocent
Press Release | 2019/01/08 15:08
The former chairman of Japan's Nissan Motor Co. has told a Tokyo court that he was "wrongfully accused" of false financial reporting and other allegations.

In his first public appearance since he was detained on Nov. 19, Ghosn denied any wrongdoing and proclaimed his loyalty to the company. Explaining Ghosn's lengthy detention, the judge said he was considered a flight risk.

Prosecutors have charged Ghosn, who led a dramatic turnaround at the Japanese automaker over the past two decades, with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015.

They also say he is suspected of having Nissan temporarily take on his investment losses from the financial crisis.

The former chairman of Japan's Nissan Carlos Ghosn will assert his innocence in a Tokyo courtroom Tuesday, according to his prepared statement that addresses each of the allegations that led to his Nov. 19 arrest.

The statement, which was to be delivered by Ghosn at his hearing, was released to The Associated Press through a person close to Ghosn and his family. They shared the information on condition anonymity due to its confidential nature.

In the statement Ghosn said the investment losses he was being accused of stemmed from his having to be paid in yen and he had asked Nissan to temporarily take on the collateral, and the company suffered no losses.


Condemned inmate's last meal includes pancakes
Press Release | 2018/10/28 02:31
A South Dakota inmate facing execution has received a last meal that included pancakes, waffles, breakfast sausage, scrambled eggs and French fries.

South Dakota's attorney general says the state Supreme Court has rejected two motions to stop the execution of a man who killed a prison guard in a failed 2011 escape attempt.

Attorney General Marty Jackley says there are currently no court orders to stop or delay Rodney Berget's execution, which is scheduled for 1:30 p.m. Monday. One motion was filed by a woman whose son is serving a life sentence, the other by an attorney without Berget's support.

Berget is to be put to death for the slaying of Ronald "R.J." Johnson. Berget and fellow inmate Eric Robert beat Johnson with a pipe and covered his head in plastic wrap.

He's to be put to death for the slaying of prison guard Ronald "R.J." Johnson in a failed 2011 escape attempt. Berget and fellow inmate Eric Robert beat Johnson with a pipe and covered his head in plastic wrap.

Robert was executed in October 2012. Berget in 2016 appealed his death sentence, but later asked to withdraw it.



UN court asked to probe Venezuela; leader defiant in speech
Press Release | 2018/09/29 15:54
Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”

Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.

“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.

The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.

Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”

“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”

But at the same time, he said he was willing to talk with Trump.

Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.

Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.

Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention.


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