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UK lawyer fined for defying Heathrow court ruling embargo
Court News | 2021/05/10 10:34
A British lawyer and climate campaigner was fined 5,000 pounds ($7,070) on Monday after being convicted of contempt of court for a tweet which broke an embargo on a U.K. Supreme Court judgment over Heathrow Airport’s expansion.

Tim Crosland, a director of an environmental campaign group, revealed on social media the court ruling on Heathrow Airport’s proposed third runway a day before it was made public in December. He was among involved parties to receive a draft of the appeal judgment, and has said that he broke the embargo deliberately as “an act of civil disobedience” to protest the “deep immorality of the court’s ruling.”

The court had ruled that a planned third runway at Heathrow was legal. The case was at the center of a long-running controversy and environmentalists had argued for years that the climate impact far outweighed the economic benefits of expanding the airport.

Crosland said the proposed 14 billion-pound ($19.8 billion) expansion of Heathrow, one of the world’s busiest, would breach Britain’s commitments to the Paris climate agreement.

He argued that the government “deliberately suppressed” information about the effect that the airport’s expansion would have on the climate crisis, and said the publicity gained over breaking the embargo would act as an “antidote” to that.

Addressing the court, Crosland said: “If complicity in the mass loss of life that makes the planet uninhabitable is not a crime, then nothing is a crime.”

Three Supreme Court justices found Crosland in contempt of court for his “deliberate and calculated breaches of the embargo” and fined him 5,000 pounds.

The judges said he “wanted to demonstrate his deliberate defiance of the prohibition and to bring this to the attention of as large an audience as possible.”

Crosland had brought a small suitcase to Monday’s hearing at the Royal Courts of Justice in case he was given immediate jail time. The maximum sentence had been up to two years in prison and an unlimited fine.



Lawsuit seeks Confederate statue’s removal from courthouse
Court News | 2021/05/05 13:48
Civil rights advocates sued a Maryland county on Wednesday to seek the court-ordered removal of a Confederate monument from a courthouse lawn on the state’s Eastern Shore, calling it a racist symbol of oppression.

In their federal lawsuit, an NAACP branch leader and a defense lawyer say the “Talbot Boys” statue in Talbot County is the last Confederate monument remaining on public property in Maryland besides cemeteries and battlefields.

The lawsuit claims that a statue glorifying the Confederacy on the lawn outside the county courthouse in Easton, Maryland, is both unconstitutional and illegal under federal and state laws. Keeping it there “sends a message that the community does not value Black people, that justice is not blind, and that Black people are not equal in the eyes of the county,” the suit says.

“For Black employees and litigants entering the courthouse, the statue is, in its least damaging capacity, intimidating and demoralizing,” it adds.

In August 2020, Talbot County Council members voted 3-2 to keep the memorial on the courthouse lawn.

Council President Chuck Callahan was among the three members who voted to keep the memorial. He did not immediately respond Wednesday to an email and phone call seeking comment on the lawsuit.

The memorial, dedicated in 1916, commemorates more than 80 soldiers who fought for the Confederacy. A website advocating for it to stay on the courthouse lawn calls it “a piece of history and a splendid work of art that tells the story of brother vs. brother where North and South came together, the border state of Maryland.”

The lawsuit says the statute, erected 50 years after the Civil War ended and during the Jim Crow era, was funded primarily by a prominent white lawyer who “embraced ideals of slavery.”

“It is also telling that no monument was erected to honor the sacrifices of those from Talbot County who fought for the Union ? particularly since Maryland was not part of the Confederacy,” the suit adds.

The lawsuit’s plaintiffs include Richard Potter, president of the Talbot County branch of the NAACP, and Kisha Petticolas, a Black lawyer who works in Talbot County for the Maryland Office of the Public Defender.

Plaintiffs’ lawyers, including from the American Civil Liberties Union of Maryland, filed the federal lawsuit in Baltimore.

It asks the court to order the statute’s permanent removal from the courthouse area and bar its display at any other county property. It also seeks unspecified monetary damages for the plaintiffs.


Supreme Court asked to give access to secretive court’s work
Court News | 2021/04/19 15:17
Civil liberties groups are asking the Supreme Court to give the public access to opinions of the secretive court that reviews bulk email collection, warrantless internet searches and other government surveillance programs.

The groups say in an appeal filed with the high court Monday that the public has a constitutional right to see significant opinions of the Foreign Intelligence Surveillance Court. They also argue that federal courts, not the executive branch, should decide when opinions that potentially affect the privacy of millions of Americans should be made public.

The appeal was filed by Theodore Olson on behalf of the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University. Olson is on the Knight institute’s board and was the Bush administration’s top Supreme Court lawyer as the FISA court’s role was expanded after the Sept. 11 attacks.

“You’re talking about judicial decisions here that may affect millions of people. The public needs to know the outlines of what those decisions are and how far they go,” Olson said in an interview with The Associated Press. “Because of my experience with it, I know that government, with the best of intentions, will tend to err on the side of keeping everything secret.”

The Foreign Intelligence Surveillance Court was established in 1978 to receive applications from the FBI to eavesdrop on people it suspects of being agents of a foreign power, such as potential spies or terrorists. After Sept. 11, Congress expanded the court’s role to consider broad surveillance programs.

In recent decisions, judges ruled that opinions sought by the groups couldn’t be made public, even in censored form, and that they didn’t even have the authority to consider releasing the opinions.

Legislation adopted in 2015 includes a provision that requires the government to consider releasing significant FISA court opinions. But the law doesn’t apply to opinions written before it was enacted and leaves the review process entirely to the executive branch.

The ACLU and Knight institute say the First Amendment’s guarantee of freedom of the press demands greater access.


NYC corruption case prompts dismissal of 90 drug convictions
Court News | 2021/04/08 14:42
Prosecutors are asking a New York City court to throw out 90 drug convictions following a review of arrests involving a former narcotics detective charged with corruption.

The mostly low-level cases investigated by Joseph Franco while a NYPD officer in Brooklyn from 2004 to 2011 should be vacated because of his ongoing criminal case in Manhattan, Brooklyn District Attorney Eric Gonzalez said Wednesday. A 2019 indictment accuses Franco of perjury and other charges alleging he framed innocent people.

The review of the mostly low-level Brooklyn cases dating back a decade or more found no similar misconduct on Franco’s part or that the defendants were innocent, prosecutors said Wednesday. But because of the Manhattan case, “I have lost confidence in his work,” Gonzalez said in a statement.

“I cannot in good faith stand by convictions that principally relied on his testimony,” he added.

Tina Luongo, attorney-in-charge of the Legal Aid Society’s criminal defense practice, lauded Gonzalez’s decision to vacate the convictions. She urged other district attorneys in the city to perform similar reviews.

Franco “touched thousands of cases throughout New York City, and we may never know the full extent of the damage he caused and lives he upended,” Luongo said in a statement.

During a virtual hearing on Wednesday morning, a judge began the process of vacating the cases at the request of defense attorneys. At issue were 27 felony and 63 misdemeanor convictions, most resulting from guilty pleas.


Death penalty decision delayed in Rapid City murder trial
Court News | 2021/03/30 15:25
A judge in Rapid City, South Dakota Tuesday granted a 90-day extension to the defense attorney of a man accused of murdering three people last year to be notified whether prosecutors will seek the death penalty.

The defense attorney for 36-year-old Arnson Absolu, a New York City man charged with three counts of premeditated first-degree murder for a series of alleged murders in August, asked the judge for the extension so he could investigate circumstances that may mitigate a death penalty sentence and meet with prosecutors, the Rapid City Journal reported. Absolu has pleaded not guilty to the charges, which are punishable by the death penalty or life in prison without parole.

The Pennington County State’s Attorney Office will make a decision on whether to pursue the death penalty after it meets with Absolu’s defense attorney, Timothy Rensch.

If Absolu is convicted, the judge or jury could consider the death penalty if there are aggravating circumstances, such as a murder-for-hire, murder that involved “torture, depravity of the mind or an aggravated battery,” and if the defendant was distributing hard drugs.

The judge or jury would also consider mitigating circumstances, such as the defendant’s childhood experience, mental health or developmental disorders.


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