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Senator asks court to declare Duterte arrest order illegal
Attorney Interview | 2018/09/06 08:56
A Philippine senator who has taken refuge in the Senate to avoid an arrest order by President Rodrigo Duterte asked the Supreme Court on Thursday to declare the order illegal and called on the military to defy it.

Sen. Antonio Trillanes IV, Duterte's fiercest critic in Congress, told the high court in a petition that Duterte's proclamation voiding his 2011 amnesty for links to failed coup attempts and ordering his arrest was baseless.

"Their basis for this proclamation is a big lie," Trillanes told reporters in the Senate building, where he has remained since Duterte's order was made public Tuesday. "It's bogus, they only wanted to pin me down for being a critic of Mr. Duterte."

Known for his temper and outbursts against critics, Duterte has openly expressed anger against Trillanes, who has accused him of large-scale corruption and involvement in illegal drugs. Duterte has repeatedly denied the allegations.

The standoff has unfolded while Duterte is on a visit to Israel and Jordan. He is scheduled to fly home on Sunday.

The Department of Justice said Duterte voided Trillanes's amnesty because the senator did not file a formal amnesty application and admit guilt for his role in past coup attempts.


Rancorous, partisan start for Kavanaugh high court hearing
Attorney Interview | 2018/09/02 08:59
Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmation hearing Tuesday the court "must never, never be viewed as a partisan institution." But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republicans, including dire Democratic fears that he would be President Donald Trump's advocate on the high court.

The week of hearings on Kavanaugh's nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the first day of the new term, Oct. 1, and little more than a month before congressional elections.

However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed by their arrests.

Strong Democratic opposition to Trump's nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller's investigation of Trump's 2016 campaign and the potentially pivotal role Kavanaugh could play in moving the court to the right.

Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus.

Trump jumped into the fray late in the day, saying on Twitter that Democrats were "looking to inflict pain and embarrassment" on Kavanaugh.

The president's comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard Blumenthal of Connecticut, "selecting a justice on the Supreme Court who potentially will cast a decisive vote in his own case."

In Kavanaugh's own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary and the need to keep the court above partisan politics, common refrains among Supreme Court nominees that had added salience in the fraught political atmosphere of the moment.


Kavanaugh's support for surveilling Americans raises concern
Attorney Interview | 2018/08/28 22:35
Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.

It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.

Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.

But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.

Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."

Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.

"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.

Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.

Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context.


Trump lashes out at his former lawyer after guilty plea
Attorney Interview | 2018/08/21 12:43
Facing a growing threat to his presidency, President Donald Trump lashed at his former personal lawyer Michael Cohen, a day after the onetime "fixer" implicated Trump in a campaign cover-up to buy the silence of women who said they had sexual relationships with him.

Trump on Wednesday accused Cohen of making up "stories in order to get a 'deal'" from federal prosecutors. Cohen pleaded guilty to campaign finance violations that the lawyer said he carried out in coordination with Trump.

"If anyone is looking for a good lawyer, I would strongly suggest that you don't retain the services of Michael Cohen!" Trump tweeted Wednesday.

Cohen's lawyer, Lanny Davis, said Wednesday that Cohen has information "that would be of interest" to the special counsel. Davis said Cohen is not looking for a presidential pardon.

"My observation is that the topics relating to hacking and the crime of hacking ... that there are subjects that Michael Cohen could address that would be of interest to the special counsel," Davis said in a series of television interviews.

Trump soon weighed in on Twitter, taking his shot at Cohen and praising Manafort, saying he has "such respect for a brave man!"

Manafort, Trump wrote, had "tremendous pressure on him and, unlike Michael Cohen, he refused to 'break.'"

But there was no doubt that Cohen's acknowledgement of a coordinated payoff scheme puts Trump's presidency on the defensive.

"It's going to be hard for the president to try to discredit all this. It's circling him," said David Weinstein, a former federal prosecutor who is not involved in the case.

Cohen and Manafort played prominent roles in Trump's political rise in 2016.

Cohen said once he'd take a bullet for Trump, and was intimately familiar with Trump's personal, business and political dealing for more than a decade. Cohen released a secretly recorded audio of Trump discussing a payout made via a third party to model Karen McDougal who says she had a sexual relationship with Trump in 2006.



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