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Court orders release of detained immigrant kids, not parents
Topics in Legal News | 2016/07/11 10:15
A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.

The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.

Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.

Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.


Thai military court adds to singer's jail term for insults
Topics in Legal News | 2016/07/08 10:16
A Thai country singer and political activist was sentenced Monday by a military court to more than three years in jail for insulting the monarchy, adding to a 7½-year sentence a criminal court imposed on him earlier for the same offense.

Thanat Thanawatcharanon, known by his stage name Tom Dundee, was convicted and sentenced under Article 112, which makes criticism of the monarchy and the king punishable with up to 15 years in jail. The lese majeste law has been used prodigiously by the military government that came to power in a May 2014 coup.

Thanat got into trouble because of the speeches he made in 2013 at a rally organized by the so-called Red Shirts, who are supporters of a charismatic prime minister ousted in an earlier military coup supported by the Yellow Shirt royalists.


The case in criminal court followed complaints by a Yellow Shirt group. The second case involving the same speeches was transferred to a military court after the 2014 coup.

Thanat's lawyer Saowalux Po-Ngam said his client was sentenced to five years in jail for the second case, but the time was reduced to three years and four months because he confessed.



Bahrain court more than doubles opposition leader's sentence
Topics in Legal News | 2016/05/31 13:48
A Bahraini appeals court on Monday more than doubled the prison term for the country's top Shiite opposition figure in a ruling that his political bloc blasted as "unacceptable and provocative."

Sheikh Ali Salman now faces nine years behind bars, up from an earlier four, following his conviction last year on charges that included incitement and insulting the Interior Ministry.

Salman is the secretary-general of Al-Wefaq, the country's largest Shiite political group. He was a key figure in Bahrain's 2011 Arab Spring-inspired uprising, which was dominated by the island nation's Shiite majority and sought greater political rights from the Sunni monarchy.

Authorities crushed the initial uprising in a matter of weeks with help from Saudi Arabia and the United Arab Emirates. Localized protests continue in Shiite communities, with young activists frequently clashing with police.

Occasional small bomb attacks have killed police officers in the country, which hosts the U.S. Navy's 5th Fleet.

The case against Salman relates to speeches he gave between 2012 and 2014, though Al-Wefaq has said his words were taken out of context. He was convicted and sentenced by a lower court in June.

Both sides appealed that verdict, with the court ruling Monday in favor of the prosecution while rejecting Salman's appeal, according to a statement carried by the official Bahrain News Agency.



Swedish court upholds arrest warrant for Julian Assange
Topics in Legal News | 2016/05/28 13:49
A Swedish court on Wednesday rejected a request to overturn the arrest warrant of WikiLeaks founder Julian Assange because there were no new circumstances to consider.

The Stockholm District Court said it made the decision because Assange is still wanted for questioning in a case of suspected rape and that "there is still a risk that he will depart or in some other way evade prosecution or penalty."

The court said it saw no reason to hold another detention hearing saying he would remain "detained in absentia."

Thomas Olsson, Assange's lawyer in Sweden, says he would appeal the decision because "the passivity of the prosecutor had delayed the investigation in an unacceptable" way.

"The prosecutor ought to have arranged for an interview with Mr. Assange at a far earlier stage and she hasn't presented any reasons for not arranging an interview," he told The Associated Press.

Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, is wanted for questioning by Swedish police over rape allegations stemming from his visit to the country in 2010. He denies all the accusations against him made by two women.

He has refused to go back to Sweden for fear of being extradited to the United States because of an investigation into WikiLeaks' dissemination of hundreds of thousands of classified U.S. documents. Last year, a U.S. federal court confirmed there are "active and ongoing" attempts to prosecute him and WikiLeaks in an investigation involving espionage, conspiracy, and computer fraud.


Breyer says Supreme Court not diminished with only 8 members
Topics in Legal News | 2016/05/23 22:56
Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.

Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term.

"We may divide 4-4 in four or five cases, we may not," Breyer said of the term than will end in June.

That could include some of the term's biggest cases involving abortion and immigration. A tie vote would leave the lower court ruling in place and prevent the court from setting a legal precedent that applies to the entire country.

The court has already deadlocked in three cases, including a high-profile dispute over public-sector labor unions. And last week, the justices returned a dispute over access to birth control to lower courts, suggesting they could not form a majority that would have settled a major conflict over the scope of the nation's health care law.

Breyer stressed that the court in recent years has ruled unanimously about half the time and divided 5-4 in only a small percentage of cases. Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.

Breyer did not address the partisan debate over whether the Senate should confirm Judge Merrick Garland, nominated by Obama to take Scalia's seat. Senate Republicans have refused to hold a hearing on Garland's confirmation or schedule a vote, saying the choice should be left to Obama's successor.

Breyer was at the ceremony, the Burton Awards for Legal Achievement, to receive an award for his latest book about the use of foreign law in American courts.



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