Wednesday, December 26, 2018

Supreme Court rejects Trump plea to enforce asylum ban

A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy. New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes. The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings. Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it. Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.” The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.

Wednesday, December 19, 2018

Spanish court gears up for high-stakes trial of separatists

A preliminary hearing in a rebellion case against Catalan separatists Tuesday displayed some of the dynamics between defense and prosecutors expected during a trial that is likely to dominate Spanish politics. Altogether, 18 former politicians and activists from the Catalonia region are charged with rebellion, sedition, disobedience and misuse of public funds for their parts in an attempt to secede from Spain last year. At Tuesday's hearing, a panel of seven magistrates heard from defense attorneys who argued the trial should be heard by the top regional court in Catalonia rather than Spain's highest court in Madrid. Prosecutors countered that Madrid was the proper venue, saying the events that led regional lawmakers to make a unilateral declaration of independence on Oct. 27, 2017 had ramifications outside of Catalonia. The country's top court also has jurisdiction, prosecutors argued, because the secession attempt affected all Spaniards.

Human rights court rules against Greece in Sharia law case

Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday. The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters. The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law. The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece. "Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling. "That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended." Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.

Friday, December 14, 2018

The Latest: Porn star's lawyer shows up at Cohen sentencing

The outspoken lawyer for porn star Stormy Daniels has turned up at the federal courthouse in Manhattan where Michael Cohen is scheduled to be sentenced for crimes including a hush-money payment to the performer. Michael Avenatti represented Daniels in a legal dispute with Cohen in which she sought to be released from the non-disclosure agreement. Avenatti has bashed Cohen for months on cable television, saying President Donald Trump's former lawyer deserves to go to prison. Cohen's sentencing will begin Wednesday at 11 a.m. Cohen pleaded guilty to evading $1.4 million in taxes, bank fraud and campaign finance violations. Prosecutors say the $130,000 payment Cohen made to Daniels exceeded legal limits. His lawyers say some of his crimes were motivated by overenthusiasm for Trump. New York prosecutors have urged a judge to give Cohen substantial prison time.

Defamation lawsuit against activist continues in state court

A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court. An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights. The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying. But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation. "Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."

Tuesday, December 4, 2018

Court could deal blow to porn star, award Trump legal fees

Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim. The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels. Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair. Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man. She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!" U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said. Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.

Supreme Court sends bar fees case back for further look

The Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association. The case the justices sent back for further consideration Monday involves North Dakota attorney Arnold Fleck, who sued after learning that bar fees were being used to oppose a ballot measure he supported. Fleck says he should have to affirmatively consent to paying for the bar association's political activities instead of being able to opt out. North Dakota's fees range from $325 to $380. Lawyers who don't want to support the bar's political activities can deduct about $10. The justices say the 8th U.S. Circuit Court of Appeals should reconsider the case in light of a recent Supreme Court ruling about fees paid to unions.