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Trial begins over Texas ‘Trump Train’ highway confrontation
Legal Network |
2024/09/01 22:19
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A federal trial is set to begin Monday over claims that supporters of former President Donald Trump threatened and harassed a Biden-Harris campaign bus in Texas four years ago, disrupting the campaign on the last day of early voting.
The civil trial over the so-called “Trump Train” comes as Trump and Vice President Kamala Harris race into the final two months of their head-to-head fight for the White House in November.
Democrats on the bus said they feared for their lives as Trump supporters in dozens of trucks and cars nearly caused collisions, harassing their convoy for more than 90 minutes, hitting a Biden-Harris campaign staffer’s car and forcing the bus driver to repeatedly swerve for safety.
“For at least 90 minutes, defendants terrorized and menaced the driver and passengers,” the lawsuit alleges. “They played a madcap game of highway ‘chicken’ coming within three to four inches of the bus. They tried to run the bus off the road.”
The highway confrontation prompted an FBI investigation, which led then-President Trump to declare that in his opinion, “these patriots did nothing wrong.” Among those suing is former Texas state senator and Democratic nominee for governor Wendy Davis, who was on the bus that day. Davis rose to prominence in 2013 with her 13-hour filibuster of an anti-abortion bill in the state Capitol. The other three plaintiffs are a campaign volunteer, staffer and the bus driver.
The lawsuit names six defendants, accusing them of violating the “Ku Klux Klan Act,” an 1871 federal law to stop political violence and intimidation tactics.
The same law was used in part to indict Trump on federal election interference charges over attempts to overturn the results of the 2020 election in the run-up to the Jan. 6 U.S. Capitol insurrection. Enacted by Congress during the Reconstruction Era, the law was created to protect Black men’s right to vote by prohibiting political violence.
Videos of the confrontation on Oct. 30, 2020, that were shared on social media, including some recorded by the Trump supporters, show a group of cars and pickup trucks — many adorned with large Trump flags — riding alongside the campaign bus as it traveled from San Antonio to Austin. The Trump supporters at times boxed in the bus, slowed it down, kept it from exiting the highway and repeatedly forced the bus driver to make evasive maneuvers to avoid a collision, the lawsuit says.
On the two previous days, Biden-Harris supporters were subjected to death threats, with some Trump supporters displaying weapons, according to the lawsuit. These threats in combination with the highway confrontation led Democrats to cancel an event later in the day.
The lawsuit, which seeks unspecified monetary damages, alleges the defendants were members of local groups near San Antonio that coordinated the confrontation.
Francisco Canseco, an attorney for three of the defendants, said his clients acted lawfully and did not infringe on the free speech rights of those on the bus. “It’s more of a constitutional issue,” Canseco said. “It’s more of who has the greater right to speak behind their candidate.”
Judge Robert Pitman, an appointee of former President Barack Obama, is set to preside over Monday’s trial. He denied the defendants’ pretrial motion for a summary judgment in their favor, ruling last month that the KKK Act prohibits the physical intimidation of people traveling to political rallies, even when racial bias isn’t a factor.
While one of the defendants, Eliazar Cisneros, argued his group had a First Amendment right to demonstrate support for their candidate, the judge wrote that “assaulting, intimidating, or imminently threatening others with force is not protected expression.”
“Just as the First Amendment does not protect a driver waving a political flag from running a red light, it does not protect Defendants from allegedly threatening Plaintiffs with reckless driving,” Pitman wrote.
A prior lawsuit filed over the “Trump Train” alleged the San Marcos Police Department violated the Ku Klux Klan Act by failing to send a police escort after multiple 911 calls were made and a bus rider said his life was threatened. It accused officers of privately laughing and joking about the emergency calls. San Marcos settled the lawsuit in 2023 for $175,000 and a requirement that law enforcement get training on responding to political violence. |
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Court revives Sarah Palin’s libel lawsuit against The New York Times
Court Issues |
2024/08/31 20:36
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A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.
The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.
It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.
The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.
The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.
Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”
“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.
Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.
The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.
Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.
The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.
It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.
“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said. |
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Court orders new hearing for Adnan Syed in ‘Serial’ murder case
Court Watch |
2024/08/28 03:36
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A 2022 court hearing that freed Adnan Syed from prison violated the legal rights of the victim’s family and must be redone, Maryland’s Supreme Court ruled Friday, marking the latest development in the ongoing legal saga that gained global attention years ago through the hit podcast “Serial.”
The 4-3 ruling means Syed’s murder conviction remains reinstated for the foreseeable future. It comes about 11 months after the court heard arguments last October in a case that has been fraught with legal twists and divided court rulings since Syed was convicted in 2000 of killing his high school ex-girlfriend Hae Min Lee.
Syed has been free since October 2022, and while the Supreme Court's ruling reinstates his convictions, the justices did not order any changes to his release.
The court concluded that in an effort to remedy what was perceived to be an injustice to Syed, prosecutors and a lower court “worked an injustice” against Lee’s brother, Young Lee. The court ruled that Lee was not treated with “dignity, respect, and sensitivity,” because he was not given reasonable notice of the hearing that resulted in Syed being freed.
The court ruled that the remedy was “to reinstate Mr. Syed’s convictions and to remand the case to the circuit court for further proceedings.”
The court also said Lee would be afforded reasonable notice of the new hearing, “sufficient to provide Mr. Lee with a reasonable opportunity to attend such a hearing in person,” and for him or his counsel to be heard.
In a dissenting opinion, Justice Michele Hotten wrote that “this case exists as a procedural zombie.”
“It has been reanimated, despite its expiration,” Hotten wrote. “The doctrine of mootness was designed to prevent such judicial necromancy.”
The latest issue in the case pitted recent criminal justice reform efforts against the legal rights of crime victims and their families, whose voices are often at odds with a growing movement to acknowledge and correct systemic issues, including historic racism, police misconduct and prosecutorial missteps.
The panel of seven judges weighed the extent to which crime victims have a right to participate in hearings where a conviction could be vacated. To that end, the court considered whether to uphold a lower appellate court ruling in 2023 in favor of the Lee family. It reinstated Syed’s murder conviction a year after a judge granted a request from Baltimore prosecutors to vacate it because of flawed evidence.
Syed, 43, has maintained his innocence and has often expressed concern for Lee’s surviving relatives. The teenage girl was found strangled to death and buried in an unmarked grave in 1999. Syed was sentenced to life in prison, plus 30 years.
Syed was released from prison in September 2022, when a Baltimore judge overturned his conviction after city prosecutors found flaws in the evidence. |
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Venezuela’s Supreme Court certifies Maduro’s claims that he won presidential election
Legal Opinions |
2024/08/25 16:20
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Venezuela’s Supreme Court has backed President Nicolás Maduro’s claims that he won last month’s presidential election and said voting tallies published online showing he lost by a landslide were forged.
The ruling is the latest attempt by Maduro to blunt protests and international criticism that erupted after the contested July 28 vote in which the self-proclaimed socialist leader was seeking a third, six-year term.
The high court is packed with Maduro loyalists and has almost never ruled against the government.
Its decision, read Thursday in an event attended by senior officials and foreign diplomats, came in response to a request by Maduro to review vote totals showing he had won by more than 1 million votes.
The main opposition coalition has accused Maduro of trying to steal the vote.
Thanks to a superb ground game on election day, opposition volunteers managed to collect copies of voting tallies from 80% of the 30,000 polling booths nationwide and which show opposition candidate Edmundo González won by a more than 2-to-1 margin.
The official tally sheets printed by each voting machine carry a QR code that makes it easy for anyone to verify the results and are almost impossible to replicate.
“An attempt to judicialize the results doesn’t change the truth: we won overwhelmingly and we have the voting records to prove it,” González, standing before a Venezuelan flag, said in a video posted on social media.
The high court’s ruling certifying the results contradicts the findings of experts from the United Nations and the Carter Center who were invited to observe the election and which both determined the results announced by authorities lacked credibility. Specifically, the outside experts noted that authorities didn’t release a breakdown of results by each of the 30,000 voting booths nationwide, as they have in almost every previous election.
The government has claimed — without evidence — that a foreign cyberattack staged by hackers from North Macedonia delayed the vote counting on election night and publication of the disaggregated results.
González was the only one of 10 candidates who did not participate in the Supreme Court’s audit, a fact noted by the justices, who in their ruling accused him of trying to spread panic.
The former diplomat and his chief backer, opposition powerhouse Maria Corina Machado, went into hiding after the election as security forces arrested more than 2,000 people and cracked down on demonstrations that erupted spontaneously throughout the country protesting the results.
Numerous foreign governments, including the U.S. as well as several allies of Maduro, have called on authorities to release the full breakdown of results.
Gabriel Boric, the leftist president of Chile and one of the main critics of Maduro’s election gambit, lambasted the high court’s certification. |
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