Tuesday, November 6, 2018

Heated congressional, court races on Arkansas midterm ballot

A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election. The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state. The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday. Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law. Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions

Supreme Court cites security in change to Kavanaugh ceremony

The Supreme Court says new Justice Brett Kavanaugh won't take the traditional walk down the courthouse steps after his ceremonial installation on the court because of security concerns. Kavanaugh's investiture ceremony is scheduled for Thursday morning in the courtroom. It is customary for a new justice to walk down the 44 marble steps in front of the building, accompanied by the chief justice. The moment provides a chance for news organizations to photograph the justice, since the courtroom event is closed to cameras. Court spokeswoman Kathy Arberg said Friday that the change is being made "out of an abundance of caution due to security concerns." Kavanaugh was confirmed Oct. 6 by a 50-48 Senate vote following an allegation he sexually assaulted a woman decades ago. He denied any wrongdoing.

Bahrain opposition leader sentenced to life by high court

A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges. The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure. The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy. The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges. Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials. The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence. Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests

Friday, August 17, 2018

Supreme Court upholds Trump administration travel ban

The Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. The 5-4 decision Tuesday is the court’s first substantive ruling on a Trump administration policy. Chief Justice John Roberts wrote the majority opinion, joined by his four conservative colleagues. Roberts wrote that presidents have substantial power to regulate immigration. He also rejected the challengers’ claim of anti-Muslim bias. But he was careful not to endorse either Trump’s provocative statements about immigration in general and Muslims in particular. “We express no view on the soundness of the policy,” Roberts wrote. The travel ban has been fully in place since the court declined to block it in December. The justices allowed the policy to take full effect even as the court fight continued and lower courts had ruled it out of bounds. Justice Sonia Sotomayor wrote in a dissent that based on the evidence in the case “a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus.” She said her colleagues arrived at the opposite result by “ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.” Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan also dissented. The policy applies to travelers from five countries with overwhelmingly Muslim populations — Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries: blocking travelers from North Korea and some Venezuelan government officials and their families. A sixth majority Muslim country, Chad, was removed from the list in April after improving “its identity-management and information sharing practices,” Trump said in a proclamation. The administration had pointed to the Chad decision to show that the restrictions are premised only on national security concerns. The challengers, though, argued that the court could just ignore all that has happened, beginning with Trump’s campaign tweets to prevent the entry of Muslims into the United States. Just a week after he took office in January 2017, Trump announced his first travel ban aimed at seven countries. That triggered chaos and protests across the U.S. as travelers were stopped from boarding international flights and detained at airports for hours.

UAE offers its defense in Qatar lawsuit at UN high court

The United Arab Emirates is defending itself against a lawsuit by Qatar brought before the United Nations' highest court that accuses it of "discrimination against Qatar and Qatari citizens." The UAE began its defense on Thursday before the International Court of Justice at The Hague, Netherlands. It's one of four Arab nations that have been boycotting Qatar since last year as part of a diplomatic dispute. Qatar filed the lawsuit earlier this month and presented its case Wednesday. Those nations announced earlier Wednesday they are filing a separate grievance at the ICJ against Qatar. Cases at the ICJ take months or years to complete. However, requests for provisional measures like those requested by Qatar are dealt with quicker. Rulings by the ICJ are final and binding on those involved.

Thursday, August 16, 2018

For new Supreme Court justice, a host of big issues awaits

Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them. Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned. But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court. The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term. Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question. The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.

Tuesday, July 17, 2018

Court: S.Korea must allow alternative for military objectors

South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males. The ruling requires the government to introduce alternative service by the end of 2019. It was hailed by activists as a breakthrough that advances individual rights and freedom of thought. It is also likely to trigger a heated debate in a country which maintains a huge military to counter North Korea threats, and where many have accused conscientious objectors of attempting to evade the draft. Hundreds of conscientious objectors are imprisoned in South Korea each year, serving terms of 18 months or longer. Most are Jehovah's Witnesses who refuse to serve in the military on religious grounds. "Too many people have been forced to choose between prison and the military, and when they choose prison, a term of 1 1/2 years has been almost automatic," said Lim Jae-sung, a human rights lawyer who has represented contentious objectors. "This is great news for those who are currently on trial or will conscientiously object to military service in the future as we probably won't be marching them straight to jail." The court said the current law, which does not permit alternative service, is unconstitutional because it infringes excessively on individual rights. The court acknowledged that conscientious objectors experience "enormous disadvantages" in addition to their prison terms, including restrictions in public sector employment, maintaining business licenses and social stigma.

Court opening puts pressure on Democrats in Trump country

The opening on the Supreme Court has created a dilemma for Democratic senators up for re-election in the states that President Donald Trump won in 2016. The choice of whether to support the upcoming nominee could be particularly difficult for Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin of West Virginia. Opposing Trump's Supreme Court nomination could dissolve some of the goodwill they've built up with Trump supporters. But backing Trump's pick would bring its own political peril. That move would risk alienating Democratic donors and the party's base, potentially depressing voter turnout. The three met with Trump on Thursday night to discuss the Supreme Court vacancy. The president already has a list of potential court nominees and is expected to make a decision quickly.

Trump has 2 or 3 more candidates to interview for court

President Donald Trump has interviewed four prospective Supreme Court justices and plans to meet with a few more as his White House aggressively mobilizes to select a replacement for retiring Justice Anthony Kennedy. Eager to build suspense, Trump wouldn't divulge whom he's talking to in advance of his big announcement, set for July 9. But he promised that "they are outstanding people. They are really incredible people in so many different ways, academically and in every other way. I had a very, very interesting morning." Spokeswoman Sarah Huckabee Sanders said Trump met with four people for 45 minutes each Monday and will continue meetings through the rest of the week. She said Tuesday he has "two or three more that he'll interview this week and then make a decision." The interviews were with federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett, said a person with knowledge of the meetings who was not authorized to speak publicly about them. The Washington Post first reported the identities of the candidates Trump spoke with. The president spent the weekend at his Bedminster golf club, consulting with advisers, including White House counsel Don McGahn, as he considers his options to fill the vacancy with a justice who has the potential to be part of precedent-shattering court decisions on abortion, health care, gay marriage and other issues. McGahn will lead the overall selection and confirmation process, the White House said Monday, repeating the role he played in the successful confirmation of Justice Neil Gorsuch last year. McGahn will be supported by a White House team that includes spokesman Raj Shah, taking a leave from the press office to work full time on "communications, strategy and messaging coordination with Capitol Hill allies." Justin Clark, director of the Office of Public Liaison, will oversee White House coordination with outside groups. Trump's push came as the Senate's top Democrat tried to rally public opposition to any Supreme Court pick who would oppose abortion rights. Senate Minority Leader Chuck Schumer issued a campaign-season call to action for voters to prevent such a nominee by putting "pressure on the Senate," which confirms judicial nominees. With Trump committed to picking from a list of 25 potential nominees that he compiled with guidance from conservatives, Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said. Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list. "It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate." Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins, who appeared on ABC's "This Week" and CNN's "State of the Union," said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.

Wednesday, June 20, 2018

Court makes no ruling in resolving partisan redistricting cases

The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps. The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple. Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit. In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans. The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts. The Democrats will have a chance to prove their case district by district. Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats. The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering. Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.

USCIS Efforts Lead to Prison Sentence for Fremont Business Owner

Thanks to the efforts of U.S. Citizenship and Immigration Services (USCIS), Venkat Guntipally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents and mail fraud. A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas. “USCIS is committed to combatting instances of fraud, abuse and other nefarious activities threatening the integrity of our nation’s immigration system,” stated USCIS San Francisco District Director John Kramer. “This sentencing sends a strong message to anyone thinking about circumventing or violating our rule of law.” Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipally’s earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money. Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed. In addition to the prison term, the Judge ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019. All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Sunitha Guntipally was sentenced to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct. The prosecution is a result of collaboration between USCIS’s Office of Fraud Detection and National Security, the U.S. Department of State Diplomatic Security Service and Department of Homeland Security’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Jonas Lerman with the assistance of Laurie Worthen.

USCIS Redesigns Citizenship and Naturalization Certificates

U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. We piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center. The certificates of naturalization are: - N-550, issued to an individual who obtains U.S. citizenship through the naturalization process; - N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and - N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors. A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are: - N-560A, issued to an applicant who derived citizenship after birth; - N-560AB, issued to an applicant who acquired citizenship at birth; - N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female. - Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors. The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.

Tuesday, May 8, 2018

Law firm hired to investigate economic development agency

The Oregon Department of Justice has hired a law firm to investigate allegations of discrimination and mismanagement at the state's economic development agency, Business Oregon. The Oregonian/OregonLive reports that in an anonymous letter to Gov. Kate Brown earlier this month, a group of employees described hostile working conditions and accused leadership of gender bias and misusing taxpayer funds. The letter asked the governor to undertake an investigation and said the employees had retained Portland labor attorney Dana Sullivan "to help ensure employment rights are protected as a result of this complaint." The Justice Department will be supervising the probe. Its agreement with the Portland office of Perkins Coie provides for a maximum cost of $50,000. The budget could go quickly, as the firm's partners command $525 to $630 an hour, and paralegals and associates bill out at $150 to $445 an hour. The agreement specifically directs Perkins Coie to undertake "an attorney-client privileged investigation," meaning the Justice Department or Business Oregon could try to exempt the findings from disclosure under public records law. It also says the law firm could be called on to provide legal advice to the DOJ, the governor's office or the "benefitting agency" - Business Oregon. The Justice department did not respond to questions about the agreement, whether it would make the findings public or whether that decision would be made by Business Oregon.

Climate change lawsuit filed by Alaska youth goes to court

The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts. The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported . The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent. "The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said. The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change. The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production. "The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court." Attorneys for both sides said they expect a ruling within the next six months.

Australian cardinal back in court on sex abuse charges

Australian Cardinal George Pell, the most senior Vatican official to be charged in the Catholic Church sex abuse crisis, arrived Wednesday for an appearance in a Melbourne court where he will eventually stand trial on sexual abuse charges spanning decades. Magistrate Belinda Wallington on Tuesday ordered Australia’s highest-ranking Catholic to appear at Victoria state County Court after ruling that prosecutors’ case was strong enough to warrant a trial by jury. Pell is expected to face a brief preliminary hearing in which a trial date could be set. Wallington dismissed about half the charges that had been heard in a four-week preliminary hearing. The details of the allegations and the number of charges have not been made public. Lawyers for Pell, who is Pope Francis’ finance minister, have been fighting the allegations since before he was charged last June with sexual abuse against multiple people in Victoria from the time he was a priest in his hometown of Ballarat in the 1970s until the 1990s, when he was archbishop of Melbourne. When Wallington asked Pell on Tuesday how he pleaded, the cardinal said in a firm voice, “Not guilty.” Wallington gave the 76-year-old permission not to stand, as is customary. When the magistrate left the room at the end of the hearing, many people in the packed public gallery broke into applause. Vatican spokesman Greg Burke issued a statement saying: “The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell. Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.” Pell’s plea marked the only words he spoke in public during the hearing. Wearing a cleric’s collar, white shirt and dark suit, he was silent as he entered and left the downtown courthouse with his lawyer, Robert Richter. More than 40 police officers maintained order on the crowded sidewalk outside.

Arkansas officials ask court to keep voter ID law in place

Arkansas officials asked the state's highest court on Monday to allow them to enforce a voter ID law in the May 22 primary despite a judge blocking the measure and calling it unconstitutional. Secretary of State Mark Martin asked the Arkansas Supreme Court to put on hold a Pulaski County judge's ruling preventing the state from enforcing the 2017 law requiring voters to show photo identification before casting a ballot. Martin asked the high court for a ruling by noon Friday, noting that early voting for the primary begins May 7. "Here, the trial court has changed the rules in the middle of the election," Martin's filing said. "An immediate stay is necessary; any further delay will harm the state." Pulaski County Circuit Judge Alice Gray sided with a Little Rock voter who sued the state and had argued the law enacted last year circumvents a 2014 Arkansas Supreme Court ruling that struck down a previous voter ID measure. An attorney for the Little Rock voter said he hoped the court would not halt the ruling, noting evidence that nearly 1,000 votes weren't counted in the 2014 primary because of the previous voter ID law that was struck down later that year.

The Latest: Louisiana oil pipeline's impact debated in court

A court hearing over whether construction of a crude oil pipeline in an environmentally fragile Louisiana swamp will continue focused on whether enough would be done to make up for environmental impacts from the project. An attorney for Bayou Bridge Pipeline LLC told a federal appeals court panel in Houston Monday that it'll be providing "appropriate compensation" by re-establishing forested wetlands elsewhere in the swamp. A lawyer for environmental groups suing to stop the construction say the project's considerable impacts haven't been taken into full consideration by federal regulators. He asked the panel to not permanently throw out a previous order that had stopped construction. At least one judge seemed to downplay concerns by environmental groups that the project is "destroying wetlands." A ruling was expected at a later date.