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Arizona prosecutors ordered to send fake elector case back to grand jury
Attorney Interview |
2025/05/18 12:32
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Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury.
Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes.
The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully.
While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.”
Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said.
Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law.
“They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case.
In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.
Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.
Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics.
They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud.
Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.
President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme. |
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Judge bars Trump from denying federal funds to ‘sanctuary’ cities
Attorney Interview |
2025/04/25 08:00
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A federal judge in California on Thursday barred the Trump administration from denying or conditioning the use of federal funds to “sanctuary” jurisdictions, saying that portions of President Donald Trump’s executive orders were unconstitutional.
U.S. District Judge William Orrick issued the injunction sought by San Francisco and more than a dozen other municipalities that limit cooperation with federal immigration efforts.
Orrick wrote that defendants are prohibited “from directly or indirectly taking any action to withhold, freeze, or condition federal funds” and the administration must provide written notice of his order to all federal departments and agencies by Monday.
One executive order issued by Trump directs Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem to withhold federal money to sanctuary jurisdictions. The second order directs every federal agency to ensure that payments to state and local governments do not “abet so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”
At a hearing Wednesday, Justice Department lawyers argued that it was much too early for the judge to grant an injunction when the government had not taken any action to withhold specific amounts or to lay out conditions on specific grants.
But Orrick, who was nominated by President Barack Obama, said this was essentially what government lawyers argued during Trump’s first term when the Republican issued a similar order.
“Their well-founded fear of enforcement is even stronger than it was in 2017,” Orrick wrote, citing the executive orders as well as directives from Bondi, other federal agencies and Justice Department lawsuits filed against Chicago and New York.
San Francisco successfully challenged the 2017 Trump order and the 9th U.S. Circuit Court of Appeals agreed with the lower court that the president exceeded his authority when he signed an executive order threatening to cut funding for “sanctuary cities.”
There is no strict definition for sanctuary policies or sanctuary cities, but the terms generally describe limited cooperation with Immigration and Customs Enforcement. ICE enforces immigration laws nationwide but seeks state and local help in alerting federal authorities of immigrants wanted for deportation and holding that person until federal officers take custody.
Leaders of sanctuary jurisdictions say their communities are safer because immigrants feel they can communicate with local police without fear of deportation. It is also a way for municipalities to focus their dollars on crime locally, they say.
Besides San Francisco and Santa Clara County, which includes a third plaintiff, the city of San José, there are 13 other plaintiffs in the lawsuit, which include Seattle and King County, Washington; Portland, Oregon; Minneapolis and St. Paul, Minnesota; New Haven, Connecticut; and Santa Fe, New Mexico.
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Turkish court orders key Erdogan rival jailed pending trial on corruption charges
Attorney Interview |
2025/03/21 06:42
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A court formally arrested the mayor of Istanbul, a key rival to President Recep Tayyip Erdogan, on Sunday and ordered him jailed pending the outcome of a trial on corruption charges.
Mayor Ekrem Imamoglu was detained following a raid on his residence earlier this week, sparking the largest wave of street demonstrations in Turkey in more than a decade. It also deepened concerns over democracy and rule of law in Turkey.
His imprisonment is widely regarded as a political move to remove a major contender from the next presidential race, currently scheduled for 2028. Government officials reject the accusations and insist that Turkey’s courts operate independently.
The prosecutor’s office said the court decided to jail Imamoglu on suspicion of running a criminal organization, accepting bribes, extortion, illegally recording personal data and bid-rigging. A request for him to be imprisoned on terror-related charges was rejected although he still faces prosecution. Following the court’s ruling, Imamoglu was transferred to Silivri prison, west of Istanbul.
The Interior Ministry later announced that Imamoglu had been suspended from duty as a “temporary measure.” The municipality had previously appointed an acting mayor from its governing council.
Alongside Imamoglu, 47 other people were also jailed pending trial, including a key aide and two district mayors from Istanbul, one of whom was replaced with a government appointee. A further 44 suspects were released under judicial control.
Interior Minister Ali Yerlikaya said Sunday that 323 people were detained the previous evening over disturbances at protests.
Largely peaceful protests across Turkey have seen hundreds of thousands come out in support of Imamoglu. However, there has been some violence, with police deploying water cannons, tear gas, pepper spray and firing plastic pellets at protesters in Istanbul, Ankara and Izmir, some of whom hurled stones, fireworks and other missiles at riot police.
The formal arrest came as more than 1.5 million members of the opposition Republican People’s Party, or CHP, began holding a primary presidential election to endorse Imamoglu, the sole candidate.
The party has also set up symbolic ballot boxes nationwide to allow people who are not party members to express their support for the mayor. Large crowds gathered early Sunday to cast a “solidarity ballot.”
“This is no longer just a problem of the Republican People’s Party, but a problem of Turkish democracy,” Fusun Erben, 69, said at a polling station in Istanbul’s Kadikoy district. “We do not accept our rights being so easily usurped. We will fight until the end.”
Speaking at a polling station in Bodrum, western Turkey, engineer Mehmet Dayanc, 38, said he feared that “in the end we’ll be like Russia, a country without an opposition, where only a single man participates in elections.”
In a message posted on social media, Imamoglu called on people to show “their struggle for democracy and justice to the entire world” at the ballot box. He warned Erdogan that he would be defeated by “our righteousness, our courage, our humility, our smiling face.”
“Honestly, we are embarrassed in the name of our legal system,” Ankara Mayor Mansur Yavas, a fellow member of Imamoglu’s CHP, told reporters after casting his vote, criticizing the lack of confidentiality in the proceedings.
CHP leader Ozgur Ozel said Imamoglu’s imprisonment was reminiscent of “Italian mafia methods.” Speaking at Istanbul City Hall, he added: “Imamoglu is on the one hand in prison and on the other hand on the way to the presidency.”
The Council of Europe, which focuses on promoting human rights and democracy, slammed the decision and demanded Imamoglu’s immediate release.
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Man accused of stalking Caitlin Clark proclaims himself ‘guilty as charged’
Attorney Interview |
2025/01/21 10:31
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One day after Michael Thomas Lewis was charged with felony stalking of Indiana Fever star and WNBA rookie of the year Caitlin Clark, the 55-year-old Texas man shouted “guilty as charged” as soon as he sat down in a courtroom Tuesday.
Lewis is accused of repeated and continued harassment of the 22-year-old Clark beginning on Dec. 16, the Marion County prosecutor’s office wrote in a court filing.
WISH-TV of Indianapolis reported that Lewis behaved “very erratically” in his first court appearance and, at times, appeared to be laughing and joking while noting he had not been taking his medication while jailed or while living out of his car.
Prosecutors said they were seeking a higher than standard bond because Lewis traveled from his home in Texas to Indianapolis “with the intent to be in close proximity to the victim.” Lewis was ordered held on a $50,000 bond, and if the bond is posted, he will be required to wear an ankle monitor and remain in Indiana.
The court also filed a not guilty plea on Lewis’ behalf, and Judge Angela Davis suggested Lewis “remain silent” in jail and only speak with his attorney.
Lewis received a no-contact order and the stay-away order sought by prosecutors that bars him from being within 500 feet of either of the two arenas where the Fever play their home games.
His pretrial hearing will be held remotely on March 31.
In one post on X, Lewis said he had been repeatedly been driving by Gainbridge Fieldhouse, the Indiana Pacers’ home arena where the Fever also play. In another, he said he had “one foot on a banana peel and the other on a stalking charge.” Other messages directed at Clark were sexually explicit.
The social media posts “actually caused Caitlin Clark to feel terrorized, frightened, intimidated, or threatened” and an implicit or explicit threat also was made “with the intent to place Caitlin Clark in reasonable fear of sexual battery,” prosecutors wrote in the Marion County Superior Court filing.
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