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Manhattan DA drops part of Weinstein case
Court Issues |
2018/10/11 17:33
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Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.
The development was announced in court Thursday with Weinstein looking on.
The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.
In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.
Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.
“In short, your honor, we are moving full steam ahead,” she said.
Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements. |
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Former FIFA official Makudi at court for ban appeal hearing
Legal Network |
2018/10/11 17:33
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Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.
Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."
The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).
FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.
He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.
"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.
Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations. |
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Supreme Court wrestles with case on detention of immigrants
Topics |
2018/10/09 07:33
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The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the government’s reading of immigration law.
Justice Stephen Breyer seemed perhaps the most sympathetic to the arguments of immigrants in the case. The immigrants, mostly green-card holders, say they should get hearings where they can argue for their release while deportation proceedings against them are ongoing. Breyer noted that the United States “gives every triple ax murderer a bail hearing.”
While members of the court’s conservative majority seemed more inclined than its liberal members to back the government, both of President Donald Trump’s appointees asked questions that made it less clear how they might ultimately rule.
The issue in the case before the justices has to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from federal or state prisons and jails and then hold them without bond hearings while an immigration court decides whether they should be deported.
But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. They argue that unless they’re picked up essentially within a day of being released, they’re entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge agrees, they can stay out of custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.
The Trump administration argues, as the Obama administration did, against hearings for those convicted of crimes and affected by the law. The government reads immigration law to say that detention is mandatory for those people regardless of when they are picked up.
Sounding sympathetic to the immigrants’ arguments, Breyer asked a lawyer arguing for the government whether he thought “a person 50 years later, who is on his death bed, after stealing some bus transfers” is still subject to mandatory detention without a hearing. But Breyer also seemed to suggest that the government might be able to hold noncitizens without bond hearings if they were picked up more than a day after leaving custody, maybe up to six months. |
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Kavanaugh to attend White House event, as elections loom
Court Issues |
2018/10/09 00:26
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New Supreme Court Justice Brett Kavanaugh is returning to the White House for a televised appearance Monday with President Donald Trump less than a month before pivotal congressional elections.
Kavanaugh will take part in an entirely ceremonial swearing-in two days after he officially became a member of the high court and following a bitter partisan fight over his nomination. The event is unusual for new justices. Only Samuel Alito and Stephen Breyer participated in a White House event after they had been sworn-in and begun work as a justice, according to the court's records on oath-taking by the current crop of justices.
Kavanaugh, along with his law clerks, already has been at the Supreme Court preparing for his first day on the bench Tuesday when the justices will hear arguments in two cases about longer prison terms for repeat offenders. The new justice's four clerks all are women, the first time that has happened.
The clerks are Kim Jackson, who previously worked for Kavanaugh on the federal appeals court in Washington, Shannon Grammel, Megan Lacy and Sara Nommensen. The latter three all worked for other Republican-nominated judges. Lacy had been working at the White House in support of Kavanaugh's nomination.
In his Senate testimony last month in which he denied allegations that he sexually assaulted a woman in high school, accusing Democrats of orchestrating a partisan campaign against him, Kavanaugh had promised that, if he was confirmed, the four clerks working for him would be women. "I'll be the first justice in the history of the Supreme Court to have a group of all-women law clerks. That is who I am."
On Monday, Trump kept up attacks on Democrats for opposing Kavanaugh, pressing on an issue that Republicans have used to energize their voters. |
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