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Supreme Court asked to give access to secretive court’s work
Court News |
2021/04/19 15:17
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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. |
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NYC corruption case prompts dismissal of 90 drug convictions
Court News |
2021/04/08 14:42
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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. |
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Death penalty decision delayed in Rapid City murder trial
Court News |
2021/03/30 15:25
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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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Israel revokes permit of Palestinian foreign minister
Court News |
2021/03/22 13:22
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Israel on Sunday revoked the VIP permit of the Palestinian foreign minister after he returned to the West Bank from a trip to the International Criminal Court in the Hague, Israeli and Palestinian officials confirmed.
The move appeared to be Israeli retaliation for Palestinian support for the ICC’s war crimes investigation against Israel.
A Palestinian official said Foreign Minister Riad Malki was stopped Sunday as he entered the West Bank from Jordan through the Israeli-controlled crossing. Malki’s VIP card was seized, the official said, speaking on condition of anonymity because he was discussing a sensitive diplomatic issue. Losing the VIP status makes it harder for him to move through Israeli military checkpoints in the West Bank, and traveling abroad will require Israeli permission.
Israeli officials, speaking on condition of anonymity because they were not authorized to discuss the matter, confirmed the incident, but directed questions to the Shin Bet security agency, which declined comment. Prime Minister Benjamin Netanyahu’s office declined comment.
The ICC’s chief prosecutor, Fatou Bensouda, announced earlier this month that she was opening an investigation into possible war crimes by Israel committed in the occupied West Bank and blockaded Gaza Strip.
The investigation is expected to look at the Israeli military’s conduct in a 2014 war against Hamas militants and during months of mass protests along Gaza’s frontier with Israel in which dozens of Palestinian were killed or wounded by Israeli gunfire. Israel has said its actions were legitimate acts of defense.
The probe also is set to examine Israel’s settlement policies in the West Bank and east Jerusalem, areas captured in 1967 and claimed by the Palestinians for a hoped-for independent state.
According to the Palestinian Foreign Ministry, Malki met with Bensouda last Thursday and urged her to expedite the investigations “to end the era of impunity and to start the path of accountability” of Israel.
The investigation was launched in response to a request by the Palestinians, who joined the court in 2015 after being granted nonmember observer status in the U.N. General Assembly.
Israel has fiercely condemned the investigation, accusing the ICC of bias and saying it has no jurisdiction since the Palestinians do not have a state. Israel is not a member of the ICC, but its citizens could be subject to arrest abroad if warrants are issued.
The court said last week it has sent formal notices to both sides about the impending investigation, giving them a month to seek deferral by proving they are carrying out their own investigations. |
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Drug trafficker says he bribed Honduras president
Court News |
2021/03/11 10:55
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A convicted Honduran drug trafficker and former leader of a cartel testified in United States federal court Thursday that he paid now-President Juan Orlando Hernandez $250,000 for protection from arrest in 2012.
Devis Leonel Rivera Maradiaga, former leader of the Cachiros cartel, testified that he made the payment in cash through one of Hernandez’s sisters, Hilda Hernandez, in exchange “for protection so that the military police and preventive police didn’t capture us in Honduras.”
He said he also paid so that he wouldn’t be extradited to the U.S. and so companies used by the Cachiros to launder money would be favored by the government. Rivera Maradiaga has admitted to being involved in 78 murders.
At the time of the alleged bribe, Juan Orlando Hernandez was leader of Honduras’ Congress, but had begun angling for the presidency, which he won in 2013. He took office the following January. Hilda Hernandez, who later served in his administration, died in a helicopter crash in 2017.
The accusation came in the third day of testimony in the trial of alleged drug trafficker Geovanny Fuentes Ramirez. U.S. prosecutors have made it clear that allegations against President Hernandez would arise during the trial, though he has not been charged.
Fuentes Ramirez was arrested in March 2020 in Florida. He is charged with drug trafficking and arms possession.
Hernandez has vehemently denied any connection to drug traffickers. One of his brothers, Juan Antonio Hernandez, was convicted of drug trafficking in the same court in 2019.
During that trial, the president was accused of accepting more than $1 million from Mexican drug trafficker Joaquin “El Chapo” Guzman.
U.S. prosecutors have alleged that much of Hernandez’s political rise was funded by drug traffickers who paid to be allowed to move drugs through Honduras without interference.
In January, U.S. federal prosecutors filed motions in the Fuentes Ramirez case saying that Hernandez took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the United States.
The documents quote Hernandez ? identified as co-conspirator 4 ? as saying he wanted to “‘shove the drugs right up the noses of the gringos’ by flooding the United States with cocaine.”
This week, Hernandez has said in a series of Twitter messages that the witnesses in New York are seeking to lighten their sentences by making up lies against him. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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