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US urges UN court to toss out Iranian case on frozen assets
Legal Interview | 2018/10/07 00:26
The U.S. on Monday urged the United Nations' highest court to toss out a case filed by Iran that seeks to recover around $2 billion worth of frozen assets the U.S. Supreme Court awarded to victims of a 1983 bombing in Lebanon and other attacks linked to Iran.

The case at the International Court of Justice is based on a bilateral treaty that the Trump administration terminated last week. Despite that, the United States sent a large legal delegation to the court's headquarters in The Hague to present their objections to the case, which Tehran filed in 2016.

U.S. State Department lawyer Richard Visek told the 15-judge panel that U.S. objections to the court's jurisdiction and admissibility "provide a clear basis for ruling that this case should not proceed to the merits."

Visek said the case is based on "malicious conduct" by Iran, a country Washington has long classified as a state sponsor of terrorism around the world. Iran denies that charge.

"At the outset we should be clear as to what this case is about," Visek said. "The actions at the root of this case center on Iran's support for international terrorism and its complaints about the U.S. legal framework that allows victims of that terrorism to hold Iran accountable to judicial proceedings and receive compensation for their tragic losses."

The attack at the heart of the case was a suicide truck bombing of a U.S. marine barracks in Beirut in October 1983 that killed 241 military personnel and wounded many more. A U.S. court ruled that the attack was carried out by an Iranian agent supported by the Hezbollah militant group.

In 2016, the U.S. Supreme Court ordered some $2 billion in assets of Iran's state bank that had been frozen in the United States to be paid as compensation to relatives of victims of attacks including the Beirut bombing.

"Iran's effort to secure relief from the court in this case - to in effect deny terrorism victims justice - is wholly unfounded and its application should be rejected in its entirety as inadmissible," Visek told judges, saying that the dispute did not fall into the 1955 Treaty of Amity cited by Tehran as the basis for the court's jurisdiction.


The Latest: Bolton says international court 'dead to us'
Legal Interview | 2018/09/10 21:57
The United States is pledging to use "any means necessary" to protect American citizens and allies from International Criminal Court prosecution.

President Donald Trump's national security adviser, John Bolton, says the court is "illegitimate" and "for all intents and purposes, the ICC is already dead to us."

Bolton delivered his remarks Monday to the conservative Federalist Society in Washington. He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.

The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.

President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.

The State Department is announcing the closure of the Palestine Liberation Organization office in Washington.

The department says that the PLO "has not taken steps to advance the start of direct and meaningful negotiations with Israel."

It accuses the Palestinian leadership of condemning a yet-to-be-released Trump administration plan to forge peace between Israel and the Palestinians. It also contends that the PLO is refusing to engage with the U.S. government on peace efforts.

In its statement Monday, the department says its decision is also consistent with administration and congressional concerns with Palestinian attempts to prompt an investigation of Israel by the International Criminal Court.


Louisiana Supreme Court upholds life sentence in beating
Legal Interview | 2018/09/05 13:08
The Louisiana Supreme Court has upheld a life prison term for a man convicted of severely beating another man at a convenience store five years ago after telling the victim he was in the “wrong neighborhood.”

Donald Ray Dickerson, of Baton Rouge, was found guilty in 2015 of second-degree battery in the attack on David Ray III, of St. Francisville. Ray was hospitalized with a broken eye socket, broken nose and other injuries.

Dickerson was sentenced to life behind bars, deemed a habitual offender. The Advocate reports he has prior convictions for armed robbery, simple robbery and purse snatching.

Dickerson claims his conduct did not amount to second-degree battery and his sentence is unconstitutionally excessive. An appeals court disagreed, and the Louisiana Supreme Court on Friday let that ruling stand.


Couple injured in crash takes on cheese company in court
Legal Interview | 2018/08/23 10:10
A South Dakota couple is taking on a cheese company in court, claiming one of its employees was negligent in a 2014 crash that still affects them today.

Kevin and Betty Peterson are suing Midwest Cheese Co. in Davison County court where a trial is underway. The Corsica-based cheese company has admitted employee Duane Morgan was negligent when he rear-ended the Petersons' vehicle near Mitchell on June 3, 2014.

The Daily Republic says jurors will determine whether that negligence caused injuries and other damage to the extent the couple claims. The defense contends some of the injuries may have been linked to pre-existing medical conditions.

The Petersons are seeking to recover damages for past and future medical expenses, pain and suffering, mental distress and economic harm.


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