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High court seems poised to overturn McDonnell conviction
Legal World News |
2016/05/11 16:48
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The Supreme Court on Wednesday seemed poised to overturn the conviction of former Virginia Gov. Bob McDonnell on political corruption charges and place new limits on the reach of federal bribery laws.
Justices across the ideological spectrum expressed major concerns that the laws give prosecutors too much power to criminalize the everyday acts that politician perform to help constituents.
Chief Justice John Roberts said it was "extraordinary" that dozens of former White House attorneys from Democratic and Republican administrations submitted legal papers saying that upholding McDonnell's conviction would cripple the ability of elected officials to do their jobs.
"I think it's extraordinary that those people agree on anything," Roberts said.
Justice Breyer said the law presents "a real separation of powers problem" and "puts at risk behavior that is common."
"That's a recipe for giving the Department of Justice and prosecutors enormous power over elected officials," Breyer said.
McDonnell, who was in the courtroom with his wife Maureen to watch the arguments, was convicted in 2014 of accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement.
At issue is a federal law that bars public officials from accepting money or gifts in exchange for "official acts." The court is expected to clarify what distinguishes bribery from the routine actions that politicians often perform as a courtesy to constituents.
But the justices struggled over how to draw that line. Both Roberts and Breyer suggested the bribery law could be considered unconstitutionally vague.
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Court sides with Argentina, speeding along bond settlements
Legal World News |
2016/04/16 23:21
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A federal appeals court cleared the way Wednesday for Argentina to settle its debts and strengthen its ability to maneuver in worldwide markets.
The 2nd U.S. Circuit Court of Appeals turned away creditors who wanted to keep in place court-ordered protections, though Circuit Judge Christopher Droney said a lower-court judge should take steps to determine whether Argentina has met conditions he required be fulfilled before court orders against the republic are permanently lifted. The conditions include completing settlement payments.
A three-judge panel announced its decision after hearing oral arguments for more than an hour. It found a judge was within his rights to conclude that circumstances surrounding the decadelong court battle changed dramatically when Argentina's new president, Mauricio Macri, decided to let the nation negotiate deals with bondholders after he took office Dec. 10.
Since January, Argentina has reached agreements to pay more than $8 billion to creditors, mainly U.S. hedge funds.
Argentine Economy Minister Alfonso Prat-Gay, who is in New York ahead of Argentina's first international bond sale in more than a decade, said, "This is a step toward achieving normality and the kind of development that Argentina deserves."
His country is expected to sell up to $15 billion in bonds, and he said the holdout funds will be paid on April 22.
The creditors went to court in New York after Argentina in 2001 defaulted on $100 billion in bonds. Argentina invited all its bondholders to swap their bonds at steep discounts for new bonds in 2005 and 2010.
U.S. District Judge Thomas Griesa had issued orders banning Argentina from paying interest through U.S. banks to 93 percent of its bondholders, who agreed to exchange their bonds for new bonds worth 25 percent to 29 percent of their original value. |
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Passport mark for sex offenders law challenged in court
Legal World News |
2016/03/30 10:05
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A judge in Northern California is set to hear arguments over whether to block a new federal law that requires sex offenders to have "unique identifiers" in their passports.
U.S. District Court Judge Phyllis Hamilton has scheduled a hearing Wednesday in Oakland on a nonprofit group's request for a preliminary injunction against the so-called International Megan's Law, which President Barack Obama signed into law in February.
The law requires the government to add a mark to the passports of registered sex offenders and for foreign nations to be notified that some registrants intend to travel there.
The group, California Reform Sex Offender Laws, filed a lawsuit challenging the law a day after Obama's approval.
It says a symbol on a passport identifying people as registered sex offenders violates their constitutional rights and puts them and others traveling with them in danger, including family members and business colleagues.
"For the first time in the history of the United States, American citizens will be forced by the government to label and stigmatize themselves on a document foundational to citizenship," the lawsuit filed Feb. 8 reads. |
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Judge begins to deliver verdict in Ukrainian pilot trial
Legal World News |
2016/03/22 01:06
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A Russian court has begun reading a verdict for Ukrainian pilot Nadezhda Savchenko, who is charged with complicity to murder two Russian journalists in war-torn eastern Ukraine.
The judge began reading the verdict Monday morning. He quoted arguments by prosecutors who said Savchenko, who served in a volunteer Ukrainian battalion at the time, called in the coordinates for shelling that killed the two journalists and several civilians in July 2014. He also quoted them as saying she was driven by "political hatred" toward residents of Ukraine's Luhansk region.
The judge in the trial quoted the prosecution saying that Savchenko was part of a "criminal group" and aimed to kill an "unlimited number of people."
Prosecutors have asked for a 23-year prison sentence for Savchenko. Sentencing is expected on Tuesday.
This story has been corrected to show that Savchenko has not been found guilty. The judge, quoting prosecutors, said Savchenko was complicit in the killing, but stopped short of pronouncing her guilty. A verdict will come at the end of the verdict-reading process, which is expected to take two days.
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