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Spanish court summons prime minister’s wife in corruption probe
Attorney Interview | 2024/06/04 12:01
A Spanish investigative judge has summoned the wife of Spain’s prime minister to give testimony as part of a probe into allegations that she used her position to influence business deals, a Madrid-based court said Tuesday.

Begoña Gómez is to appear at court on July 5 to answer questions.

Gómez has yet to speak publicly on the case, but Prime Minister Pedro Sánchez has called it a “smear campaign” to damage Spain’s leftist coalition government led by his Socialist party.

The probe is based on allegations against Gómez made by a group called Manos Limpias, or “Clean Hands.” Manos Limpias describes itself as a union, but its main activity is as a platform pursuing legal cases. Many have been linked to right-wing causes targeting leftist politicians, and most of them never succeed.

After the probe was launched in April, Sánchez stunned the nation by saying he would contemplate stepping down for what he said was the “attack without precedent” against his wife. After five days of silence, Sánchez said he had decided to remain in office.

The summoning of Gómez comes before this week’s European Parliament election, with Spaniards voting on Sunday. Far-right parties across Europe aim for big gains.

“I want to express our surprise for the fact and coincidence that this news is coming out precisely this week,” said Pilar Alegría, spokeswoman for Spain’s government.

“We are absolutely calm because we know there is nothing (to the allegations),” Alegría said. “What does exist is a mudslinging campaign by the right and far right.”

Manos Limpias has said its allegations against Gómez were entirely based on media reports: “If they are not true, it would be up to those who published them to admit to their falsehood, but if they are true, then we believe that the legal case should continue forward.”

Spain’s public prosecutors’ office recommended the probe be thrown out, but a provincial court ruled that the lower-court judge could continue the investigation. The judge will either table the probe or recommend it go to trial.


Retired Supreme Court Justice Anthony M. Kennedy has memoir coming
Attorney Interview | 2024/04/04 16:07
Retired Supreme Court Justice Anthony M. Kennedy has a two-volume memoir coming out this fall, tracking his life from growing up in California to his 30 years on the court, when he cast key votes on landmark cases ranging from abortion to gay marriage to campaign finance.

Simon & Schuster announced Tuesday that Kennedy’s “Life and Law: The Early Years” and “Life and Law: The Court Years” will be published Oct. 1, as a boxed set and in individual editions, each around 320 pages. Kennedy was widely regarded as a moderate conservative who wrote the majority opinion on such closely divided cases as Obergefell v. Hodges, which found a constitutional right to same-sex marriage, and Citizens United v. Federal Election Commission, which allowed corporations and other outside entities to spend unlimited money on election campaigns.

“In ‘Life and Law,’ he explains the why’s and how’s of judging,” Simon & Schuster’s announcement reads in part.

“The second volume is filled with moving portraits of Justices O’Connor, Rehnquist, Scalia and Ginsburg that go along with the account of how Kennedy decided his views in the landmark cases. But it is the first volume about his youth in Sacramento and his decade as a practicing lawyer that explains the judicial giant. Readers will see the child who turns into the man, who shaped America as much as any Washington figure in the 21st century.”

Kennedy, 87, noted in the preface to the first volume that his memoirs proved more expansive than originally planned.

“It was my intent (my right hand is raised to swear it so) to recount my earlier years in a summary way. But something happened on the way to the pencil,” he wrote. “More and more of my recollections turned to how our society and its mindset changed in fascinating ways from the ’40s and ’50s to the ’60s and then again in the ’70s. This seemed relevant to the dynamics that influenced me and our larger society.”

“As each day passes, we should strive to learn more about who we are and whom we should strive to become,” he added. “Writing a memoir is a formal way to do this.”

Kennedy was an associate justice from 1988-2018 and his arrival and departure proved equally newsworthy.

He was appointed to the court by President Ronald Reagan, but only after the Senate had voted down Reagan’s first choice, Robert Bork, and after the second choice, Douglas Ginsburg, withdrew amid reports he had smoked marijuana. When Kennedy announced in 2018 that he was stepping down, President Donald Trump nominated a former Kennedy law clerk, Brett Kavanaugh, who was narrowly approved by the Senate after contentious confirmation hearings that included allegations Kavanaugh had assaulted a high school acquaintance, Christine Blasey Ford.

Kennedy’s book will arrive soon after Justice Ketanji Brown Jackson’s memoir “Lovely One,” which comes out Sept. 3.


The Law Office of Erica S. Janton - East Greenwich, RI Divorce Lawyer
Attorney Interview | 2024/03/21 12:28
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Court upholds mandatory prison terms for some low-level drug dealers
Attorney Interview | 2024/03/15 13:43
The Supreme Court ruled Friday that thousands of low-level drug dealers are ineligible for shortened prison terms under a Trump-era bipartisan criminal justice overhaul.

The justices took the case of Mark Pulsifer, an Iowa man who was convicted of distributing at least 50 grams of methamphetamine, to settle a dispute among federal courts over the meaning of the word “and” in a muddy provision of the 2018 First Step Act.

The law’s so-called safety valve provision is meant to spare low-level, nonviolent drug dealers who agree to plead guilty and cooperate with prosecutors from having to face often longer mandatory sentences.

Some courts had concluded the use of the word indeed means “and,” but others decided that it means “or.” A defendant’s eligibility for a shorter sentence depended on the outcome.

“Today, we agree with the Government’s view of the criminal-history provision,” Justice Elena Kagan wrote for the majority in the 6-3 decision that did not split the justices along liberal-conservative lines.

In dissent, Justice Neil Gorsuch referred to the First Step Act as possibly “the most significant criminal-justice reform bill in a generation.” But under the court’s decision, “thousands more people in the federal criminal justice system will be denied a chance—just a chance at” a reduced sentence, Gorsuch wrote, joined by Justices Ketanji Brown Jackson and Sonia Sotomayor.

Nearly 6,000 people convicted of drug trafficking in the 2021 budget year alone are in the pool of those who might have been eligible for reduced sentences, according to data compiled by the U.S. Sentencing Commission.

The provision lists three criteria for allowing judges to forgo a mandatory minimum sentence that basically looks to the severity of prior crimes. Congress wrote the section in the negative so that a judge can exercise discretion in sentencing if a defendant “does not have” three sorts of criminal history.

Before reaching their decision, the justices puzzled over how to determine eligibility for the safety valve — whether any of the conditions is enough to disqualify someone or whether it takes all three to be ineligible.

Pulsifer’s lawyers argued that all three conditions must apply before the longer sentence can be imposed. The government said just one condition is enough to merit the mandatory minimum.


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