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Court questions obstruction charges brought against Jan. 6 rioters and Trump
Court Updates | 2024/04/17 08:34
The Supreme Court on Tuesday questioned whether federal prosecutors went too far in bringing obstruction charges against hundreds of participants in the Jan. 6, 2021, Capitol riot. But it wasn’t clear how the justices would rule in a case that also could affect the prosecution of former President Donald Trump, who faces the same charge for his efforts to overturn his election loss in 2020.

The justices heard arguments over the charge of obstruction of an official proceeding in the case of Joseph Fischer, a former Pennsylvania police officer who has been indicted for his role in disrupting Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump. Fischer is one of 330 people facing that charge, which stems from a law passed in the aftermath of the Enron financial scandal more than two decades ago to deal with the destruction of documents.

Trump is facing two charges in a separate case brought by special counsel Jack Smith in Washington that could be knocked out with a favorable ruling from the nation’s highest court. Next week, the justices will hear arguments over whether the former president and presumptive nominee for the 2024 Republican nomination has “absolute immunity” from prosecution in that case, a proposition that has so far been rejected by two lower courts.

Smith has argued separately in the immunity case that the obstruction charges against Trump are valid no matter how the court decides Fischer’s case. The first former U.S. president under indictment, Trump is on trial on hush money charges in New York and also has been charged with election interference in Georgia and with mishandling classified documents in Florida.

It was not clear after more than 90 minutes of arguments precisely where the court would land in Fischer’s case. Conservative justices Samuel Alito and Neil Gorsuch appeared most likely to side with Fischer, while liberal Justices Elena Kagan and Sonia Sotomayor seemed more favorable to the Justice Department’s position.

Justices Amy Coney Barrett and Ketanji Brown Jackson, a former federal public defender, expressed interest in more of a middle-ground outcome that might make it harder, but not impossible, for prosecutors to use the obstruction charge.

Some of the conservative justices said the law was so broad that it could be used against even peaceful protests and also questioned why the Justice Department has not brought charges under the provision in other violent protests.


Biden is seeking higher tariffs on Chinese steel as he courts union voters
Court Updates | 2024/04/15 08:34
President Joe Biden is calling for a tripling of tariffs on steel from China to protect American producers from a flood of cheap imports, an announcement he planned to roll out Wednesday in an address to steelworkers in the battleground state of Pennsylvania.

The move reflects the intersection of Biden’s international trade policy with his efforts to court voters in a state that is likely to play a pivotal role in deciding November’s election.

The White House insists, however, that it is more about shielding American manufacturing from unfair trade practices overseas than firing up a union audience.

In addition to boosting steel tariffs, Biden also will seek to triple levies on Chinese aluminum. The current rate is 7.5% for both metals. The administration also promised to pursue anti-dumping investigations against countries and importers that try to saturate existing markets with Chinese steel, and said it was working with Mexico to ensure that Chinese companies can’t circumvent the tariffs by shipping steel there for subsequent export to the U.S.

“The president understands we must invest in American manufacturing. But we also have to protect those investments and those workers from unfair exports associated with China’s industrial overcapacity,” White House National Economic Adviser Lael Brainard said on a call with reporters.

Biden was set to announce that he is asking the U.S. Trade Representative to consider tripling the tariffs during a visit to United Steelworkers union headquarters in Pittsburgh. The president is on a three-day Pennsylvania swing that began in Scranton on Tuesday and will include a visit to Philadelphia on Thursday.

The administration says China is distorting markets and eroding competition by unfairly flooding the market with below-market-cost steel.

”China’s policy-driven overcapacity poses a serious risk to the future of the American steel and aluminum industry,” Brainard said. Referencing China’s economic downturn, she added that Beijing “cannot export its way to recovery.”

“China is simply too big to play by its own rules,” Brainard said.

Higher tariffs can carry major economic risks. Steel and aluminum could become more expensive, possibly increasing the costs of cars, construction materials and other key goods for U.S. consumers.

Inflation has already been a drag on Biden’s political fortunes, and his turn toward protectionism echoes the playbook of his predecessor and opponent in this fall’s election, Donald Trump.


Alabama woman who faked kidnapping pleads guilty to false reporting
Court Updates | 2024/03/22 12:06
An Alabama woman who claimed she was abducted after stopping her car to check on a wandering toddler pleaded guilty on Thursday to charges of giving false information to law enforcement.

News outlets reported that Carlee Russell pleaded guilty to misdemeanor charges of false reporting to law enforcement and falsely reporting an incident. She was given a suspended six-month sentence which will allow her to avoid jail. She was ordered to pay more than $17,000 restitution.

Her two-day disappearance, and her story of being abducted alongside an interstate highway, captivated the nation before police called her story a hoax.

Russell, accompanied to court by her family and defense lawyers, apologized for her actions.

“I want to genuinely apologize for my actions. I made a grave mistake while trying to fight through various emotional issues and stress. I’m extremely remorseful for the panic, fear and various range of negative emotions that were experienced across the nation,” Russell said according to WBRC.

Russell disappeared July 13 after calling 911 to report a toddler beside a stretch of Interstate 459 in the Birmingham suburb of Hoover. She returned home two days later and told police she had been abducted and forced into a vehicle.

Police quickly cast doubt on Russell’s story. Her attorney issued a statement through police acknowledging there was no kidnapping and that she never saw a toddler. In the statement, Russell apologized to law enforcement and the volunteers who searched for her.

The Alabama attorney general’s office had argued that Russell should spend time in jail because of the time and energy that law enforcement spent in looking for her.

Jefferson County Circuit Judge David Carpenter told Russell that while her actions caused panic and disruption in the community that it would be a “waste of resources” to put her in jail for misdemeanors, news outlets reported.

Katherine Robertson, Chief Counsel in the Alabama attorney general’s office, said Thursday that they “are disappointed, but not surprised” that Russell did not get the requested jail time.


Trump decides against testifying for second time in NY civil fraud trial
Court Updates | 2023/12/11 09:21
Donald Trump said Sunday he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.

The former president, the leading contender for the 2024 Republican nomination, had been expected to return to the witness stand Monday as a coda to his defense against New York Attorney General Letitia James ' lawsuit.

James, a Democrat, alleges Trump inflated his wealth on financial statements used in securing loans and making deals. The case threatens Trump’s real estate empire and cuts to the heart of his image as a successful businessman.

“I will not be testifying on Monday,” Trump wrote in an all-capital-letters, multipart statement on his Truth Social platform less than 20 hours before he was to take the witness stand.

“I have already testified to everything & have nothing more to say,” Trump added, leaving the final word among defense witnesses to an accounting expert hired by his legal team who testified last week that he found “no evidence, whatsoever, for any accounting fraud” in Trump’s financial statements.

A Trump spokesperson did not immediately respond to questions about his decision.

The decision was an abrupt change from Trump’s posture in recent days, when his lawyers said he was insistent on testifying again despite their concerns about a gag order that has cost him $15,000 in fines for disparaging the judge’s law clerk.

“President Trump has already testified. There is really nothing more to say to a judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump’s testimony and that of everyone else involved in the complex financial transactions at issue in the case,” Trump lawyer Christopher Kise said Sunday.

Trump’s decision came days after his son, Eric Trump, ditched his return appearance on the witness stand. Trump said on social media that he’d told Eric to cancel. It also follows Trump’s first trip back to court since he testified in the case on Nov. 6. Last Thursday, he watched from the defense table as the accounting professor, New York University professor Eli Bartov, blasted the state’s case and said Trump’s financial statements “were not materially misstated.”

Trump’s cancellation caught court officials by surprise. Without Trump on the witness stand, the trial will be on hold until Tuesday, when Bartov will finish his testimony. State lawyers say they’ll then call at least one rebuttal witness.


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