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U.S. military chooses rarely-used charge for Bergdahl
Law Firm News |
2015/09/08 06:12
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Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against U.S. Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was -- as well as misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he "left without authority; and wrongfully caused search and recovery operations."
Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way. The Pentagon has said there is no evidence anyone died searching for Bergdahl.
"You're able to say that what he did had a particular impact or put particular people at risk. It is less generic than just quitting," said Lawrence Morris, a retired Army colonel who served as the branch's top prosecutor and top public defender.
The Obama administration has been criticized both for agreeing to release five Taliban operatives from the Guantanamo Bay prison and for heralding Bergdahl's return to the U.S. with an announcement in the White House Rose Garden. The administration stood by the way it secured his release even after the charges were announced.
The military has scheduled an initial court appearance hearing for Bergdahl on Sept. 17 at Fort Sam Houston, Texas. Afterward the case could be referred to a court-martial and go to trial.
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Crimean Filmmaker Pleads Not Guilty in Terrorism Trial
Law Firm News |
2015/07/23 03:55
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A Ukrainian filmmaker who has been in a Russian jail for more than a year on Tuesday pleaded not guilty to charges of conspiracy to commit terrorism.
Critics have dismissed Oleh Sentsov's prosecution as revenge for his pro-Ukrainian position in Russia-occupied Crimea. Sentsov, a Crimean native, was a vocal voice against Russia's annexation of Crimea which followed a hastily called referendum in March.
The 39-year-old Sentsov was arrested in Crimea's capital in May 2014 after a pro-Ukrainian rally protesting the annexation.
At the opening of his trial in the southern city of Rostov-on Don on Tuesday, Sentsov pleaded not guilty and insisted the case against him is a fabrication, Russian news agencies reported.
Sentsov's defense team describes Sentsov's arrest in May 2014 as a kidnapping.
Sentsov, who unlike many Crimeans didn't apply for Russian citizenship, was grabbed on the street in Crimea's capital, Simferopol, by Russian security agents and resurfaced days later in custody in Moscow. |
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Religious beliefs, gay rights clash in court case over cake
Law Firm News |
2015/07/08 22:14
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A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.
"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.
The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.
Gay couples have won battles in other states.
Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
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Bryant tells court it should affirm same-sex marriage ruling
Law Firm News |
2015/07/03 21:03
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Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.
In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.
Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.
Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.
Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.”
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