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With court victory, hand of Brazil's president strengthened
Court Issues | 2017/06/10 23:07
Fighting to save his job, Brazilian President Michel Temer has received a huge boost from a decision by the country's top electoral court to reject allegations of illegal campaign finance and keep him in office.

The Superior Electoral Tribunal's 4-3 vote late Friday gave Temer a lifeline amid widespread calls that he resign in the face of a corruption scandal.

Last month, a recording emerged that apparently captured Temer endorsing hush money to ex-House Speaker Eduardo Cunha, a former Temer ally serving 15 years in prison for corruption and money laundering. Soon after, details of another bombshell emerged: that Temer was being investigated for taking bribes.

Temer has denied wrongdoing and vowed to stay in office.

However, the fallout from the scandals was so great that many observers expected that the electoral court judges would be swayed to remove Temer from office over unrelated campaign finance allegations. While in theory Brazilian justices are impartial, in reality they are often highly political. Indeed, two of judges who voted in Temer's favor were his appointees.

"While Temer is hard for many people to digest, he will likely remain in office," said Alexandre Barros, a political risk consultant with the Brasilia-based firm Early Warning. "Instability is bad for everybody. So many will say at this point, 'If we have to pay the price for sticking with Temer, let's do it.'"

While Temer has crossed a huge hurdle to staying in power, he is still facing threats on many fronts. The attorney general is considering pressing charges against him for allegedly receiving bribes, over the audio recording and for allegedly trying to obstruct a colossal investigation into billions of dollars in inflated contracts and kickbacks to politicians. Temer's approval rating is hovering around 9 percent and he has a tenuous hold on his ruling coalition.



Roman Polanski sex victim to appear in court for first time
Court Watch | 2017/06/09 20:08
The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday.

Samantha Geimer, 13 at the time of the crime, has long supported Polanski's efforts to end the legal saga that limits his freedom, but Friday will be the first time she's appeared in Los Angeles Superior Court on his behalf, attorney Harland Braun said.

"She's tired of this case," Braun said. "The judge is just playing games with him."

The Oscar-winner has been a fugitive since he fled to France in 1978 on the eve of sentencing for the crime of having unlawful sex with a minor. Prosecutors dropped charges that he drugged, raped and sodomized the girl.

Polanski feared the judge was going to renege on a plea agreement and send him away for more time than the six weeks he served in prison during a psychiatric evaluation prior to sentencing.

His lawyers have been fighting for years to end the case and lift an international arrest warrant that confined him to his native France, Switzerland and Poland, where he fled the Holocaust.



The Latest: Suspect in 36 fire deaths appears in court
Court Issues | 2017/06/09 20:08
A man who leased the Oakland warehouse where 36 people died in a massive fire appeared briefly in court on charges of involuntary manslaughter.

Derick Almena had been expected to enter a plea Thursday but his attorney asked to delay the arraignment.

A judge ordered the 47-year-old Almena to return June 15 when co-defendant Max Harris is expected to make his first appearance on the same charges.

Officials say the warehouse was illegally turned into living spaces and an unpermitted concert was held there on the night of the fire in December.

Almena's attorney Jeffrey Krasnoff said his client is being used as a scapegoat and plans to fight the charges. Harris doesn't have an attorney yet.




Presidency hangs in balance in case before Brazil court
Legal Network | 2017/06/09 03:09
Judges on Brazil's top electoral court are in their third day of proceedings of a case that could cost President Michel Temer his job.

The judgment phase of the trial was supposed to last three days, with a vote expected Thursday. However, the court already has scheduled sessions for Friday and Saturday in case they are necessary.

At issue is whether the 2014 campaign of President Dilma Rousseff and her running mate Temer received illegal financing. Temer took over last year when Rousseff was removed for illegally managing the federal budget.

If a simple majority on court votes that the ticket did receive illegal funds, the victory would be annulled and Temer would be stripped of the presidency. However, Temer could appeal and has said he would do so.


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