Tuesday, February 26, 2019

Dakota Access developer sues Greenpeace in state court

The developer of the Dakota Access oil pipeline is going after the environmental group Greenpeace in state court in North Dakota, after a judge tossed the company's $1 billion racketeering claim out of federal court. Texas-based Energy Transfer Partners on Thursday sued Greenpeace and several activists it also had targeted in the federal lawsuit that U.S. District Judge Billy Roy Wilson dismissed on Feb. 14. Wilson said he found no evidence of a coordinated criminal enterprise that had worked to undermine ETP and its pipeline project. ETP had made claims under the federal Racketeer Influenced and Corrupt Organizations Act and also under North Dakota laws. Wilson did not address the merits of the state claims. ETP seeks "millions of dollars of damages" in the state lawsuit, which makes similar claims to its federal lawsuit — that Greenpeace and activists conspired to use illegal and violent means such as arson and harassment to disrupt pipeline construction and damage the company, all the while using the highly publicized and prolonged protest to enrich themselves through donations. "Defendants thus advanced their extremist agenda ... through means far outside the bounds of democratic political action, protest, and peaceful, legally protected expression of dissent," company attorney Lawrence Bender wrote in the complaint. Greenpeace on Friday had not yet been served with the lawsuit and declined to comment on its specifics. However, Greenpeace attorney Deepa Padmanabha said ETP "is clearly still trying to bully Greenpeace through the legal system." "We are confident that this latest attempt to silence peaceful advocacy will receive the same fate as the last meritless attack," he said. Groups and American Indian tribes who feared environmental harm from the pipeline staged large protests that resulted in 761 arrests in southern North Dakota over a six-month span beginning in late 2016. ETP maintains the pipeline is safe. It began moving North Dakota oil through South Dakota and Iowa to a shipping point in Illinois in June 2017.

Court records reveal a Mueller report right in plain view

The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertain the thought for a moment. “Russia, if you’re listening,” said Trump, looking directly into a television camera, “I hope you’re able to find the 30,000 emails that are missing” — messages Clinton was reported to have deleted from her private email server. Actually, Russia was doing more than listening: It had been trying to help Republican Trump for months. That very day, hackers working with Russia’s military intelligence tried to break into email accounts associated with Clinton’s personal office. It was just one small part of a sophisticated election interference operation carried out by the Kremlin — and meticulously chronicled by special counsel Robert Mueller. We know this, though Mueller has made not a single public comment since his appointment in May 2017. We know this, though the full, final report on the investigation, believed to be in its final stages, may never be made public. It’s up to Attorney General William Barr. We know this because Mueller has spoken loudly, if indirectly, in court — indictment by indictment, guilty plea by guilty plea. In doing so, he tracked an elaborate Russian operation that injected chaos into a U.S. presidential election and tried to help Trump win the White House. He followed a GOP campaign that embraced the Kremlin’s help and championed stolen material to hurt a political foe. And ultimately, he revealed layers of lies, deception, self-enrichment and hubris that followed.

High court deciding fate of cross-shaped Maryland memorial

The Supreme Court this week is hearing a case challenging the location of a nearly 100-year-old, cross-shaped Maryland war memorial. Three area residents and the District of Columbia-based American Humanist Association argue the cross' location on public land violates the First Amendment's establishment clause. The clause prohibits the government from favoring one religion over others. They argue the cross should be moved to private property or modified into a slab or obelisk. The cross' supporters say it doesn't violate the Constitution because it has a secular purpose and meaning: commemorating World War I veterans. The cross' base lists the names of 49 area residents who died in the war. The American Legion and Maryland officials are defending the cross. They have the support of the Trump administration and 30 states.

Wednesday, February 13, 2019

Ex-West Virginia Supreme Court justice set for sentencing

A former West Virginia Supreme Court justice who had a $32,000 blue suede couch in his office and was at the center of an impeachment scandal is due in federal court for sentencing for using his job for his own benefit. Allen Loughry is scheduled to be sentenced Wednesday in U.S. District Court in Charleston. Loughry was found guilty of 11 of the 22 charges at his October trial. Most of the charges involved mail and wire fraud involving his personal use of state cars and fuel cards. The judge last month threw out a witness tampering conviction. Prosecutors are seeking a sentence above the guideline range of 15 to 21 months along with a fine between $7,500 and $75,000. In a memorandum Monday, prosecutors said Loughry had an "unbridled arrogance" as a Supreme Court justice. They said Loughry's testimony exposed him as a liar and he has shown no remorse for his conduct. "Corruption is a cancer that erodes the public's confidence in the government and undermines the rule of law," the memorandum said. Loughry, who wrote a 2006 book while he was a Supreme Court law clerk about the history of political corruption in the state, was removed as chief justice last February. He was then suspended from the bench in June and resigned in November. At trial, Loughry denied he benefited personally from trips he took when he became a justice in 2013. He said he used state-owned vehicles made available to the justices for what he said was a variety of reasons, including public outreach. But Assistant U.S. Attorney Philip Wright said records showed Loughry took a government car to a wedding, four signings for his book, and "loads it up with Christmas presents" to visit relatives. A neighbor testified she saw Loughry pack presents in a car with a state government license plate around the holidays. Loughry also was convicted of lying to federal investigators by saying he was unaware about the historical significance and value of a $42,000 state-owned desk that he had transferred to his home. He returned the desk and a green leather couch owned by the state after media reports about it.

Friday, February 8, 2019

Russian court sends Jehovah’s Witness to prison for 6 years

A regional court in western Russia on Wednesday sentenced a Danish Jehovah’s Witness to six years in prison, in arguably the most severe crackdown on religious freedom in Russia in recent years. The court in Oryol found Dennis Christensen guilty of extremism, making him the first Jehovah’s Witness in Russia to be sent to prison. Christensen was detained during a police raid on a local prayer meeting he was leading in May 2017. “I do not agree with this judgment, it’s a big mistake,” Christensen told reporters after the sentencing in the city of Oryol. His wife Irina Christensen added: “I’m really sad that such a thing is happening in Russia, very sad. The same thing could happen to any of us.” The verdict was met with consternation around the world including from the U.S. Embassy, which expressed its concern and urged Russia to respect individual’s religious freedom. Russia in recent years has used its vaguely worded extremism laws to go after dissenters, opposition activists and most recently religious minorities. Russia officially banned the Jehovah’s Witnesses in 2017 and declared the religious group an extremist organization. Nearly 100 members of the group face charges in Russia, and more than 20 of them are in jail awaiting trial. Before the ban, the world headquarters of the Jehovah’s Witnesses claimed about 170,000 adherents in Russia.

Former Sen. Barringer to run for North Carolina high court

Candidates for the North Carolina Supreme Court continue to grow with two or three seats on the ballot next year due to Chief Justice Mark Martin's impending resignation. Former state Sen. Tamara Barringer of Cary told supporters Tuesday she would seek a court spot in 2020. The attorney and university professor served in the legislature for over six years before losing in November. Barringer says she'll seek an associate justice's seat. It's unclear if one or two will be open. It depends on whether Gov. Roy Cooper elevates someone already on the court when he names a successor to Martin, who leaves Feb. 28. Court of Appeals Judges Lucy Inman and Phil Berger Jr. have put out their names to run for the state's highest court in the past week.