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Supreme Court: Trump can use Pentagon funds for border wall
Criminal Law Updates | 2019/07/25 10:58
The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.

The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start.

The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”

The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.

The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department’s asset forfeiture fund.


Bulgaria court recognizes gay marriage in landmark case
Class Action News | 2019/07/23 11:01
A court in Bulgaria has ruled in favor of a same-sex couple who married in France, in a case that recognized gay marriage for the first time in the conservative country.

Australian citizen Kristina Palma, who married Mariama Dialo of France in 2016, was initially permitted to live, work and travel in Bulgaria and the European Union on the grounds that she married an EU citizen. But Bulgaria later denied her those rights, arguing that same-sex marriage was not legal in the country.

The couple fought a two-year battle that concluded Wednesday, when the court affirmed Palma’s rights as the spouse of an EU citizen.

Their lawyer Denitsa Lyubenova said the ruling could be an important first step toward legalizing same-sex marriage in the country.


Man in A$AP Rocky case allegedly hit with bottle, kicked
Criminal Law Updates | 2019/07/23 11:00
The man allegedly assaulted by American rapper A$AP Rocky and two other men in Stockholm was kicked while on the ground and hit with a bottle, Swedish prosecutors said in court documents obtained Friday by The Associated Press.

The 500 pages of documents also included allegations that Rocky pushed the man to the ground and photos of the alleged victim's cuts, bruises and blood-stained clothes.

The Grammy-nominated rapper and the two others "deliberately, together and in agreement" attacked the man, identified as Mustafa Jafari, on June 30, prosecutors said in the Stockholm District Court documents.

Rocky, whose real name is Rakim Mayers, has said he acted in self-defense. He has been in custody since July 3 and faces charges that carry a maximum sentence of two years in prison.

A lawyer for Jafari, Magnus Stromberg, said the alleged beating started when one of A$AP Rocky's guards "grabbed him by the neck and dragged him away." Jafari didn't provoke the assault, and "this situation has been very stressful for him," Stromberg said.


Dutch Supreme Court upholds Srebrenica deaths liability
Court Feed News | 2019/07/20 21:35
The Dutch Supreme Court upheld Friday a lower court’s ruling that the Netherlands is partially liable in the deaths of some 350 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre.

The Netherlands’ highest court ruled that Dutch United Nations peacekeepers evacuated the men from their military base near Srebrenica on July 13, 1995, despite knowing that they “were in serious jeopardy of being abused and murdered” by Bosnian Serb forces.

Presiding Judge Kees Streefkerk said “the state did act wrongfully” and told relatives of the dead they can now claim compensation from the Dutch government.

“They are responsible and they will always have a stain,” Munira Subasic, one of the relatives who brought the case, said angrily of the Dutch. “We know what happened; we don’t need this court to tell us.”

The ruling upholding a 2017 appeals court judgment was the latest in a long-running legal battle by a group of relatives known as The Mothers of Srebrenica to hold the Dutch government accountable for the deaths of their family members in Europe’s worst massacre since World War II.

Dutch Defense Minister Ank Bijleveld-Schouten said the government accepted the ruling.

“We want to express again our sympathy to the relatives of the victims,” she said in a statement. “The Srebrenica genocide must never be forgotten.”

The 350 men were among 5,000 terrified Muslim residents of the Srebrenica area who took shelter in the Dutch peacekeepers’ base when the region was overrun by Bosnian Serb forces commanded by Gen. Ratko Mladic, who was convicted of genocide by a U.N. war crimes tribunal in 2017 for masterminding the massacre that left some 8,000 Muslim men and boys dead. Mladic has appealed.


Records detail frenetic effort to bury stories about Trump
Business Law Info | 2019/07/18 04:37
Court records released Thursday show that President Donald Trump took part in a flurry of phone calls in the weeks before the 2016 election as his close aides and allies scrambled to pay porn star Stormy Daniels to keep quiet about an alleged affair.
   
The investigation involved payments Michael Cohen helped orchestrate to porn actress Stormy Daniels and Playboy centerfold Karen McDougal after they claimed they had affairs with Trump. (Source: MSNBC / YouTube via MGN)

The documents detailing calls and text messages were made public as federal prosecutors closed their investigation into the payoff ? and a similar payment to Playboy model Karen McDougal ? with no plans to charge anyone in the scandal beyond Trump's former lawyer and fixer, Michael Cohen.

Federal prosecutors in New York said in a court filing that they investigated whether other people gave false statements or otherwise obstructed justice. In the end, the decision was made not to bring additional charges, according to two people briefed on the matter.



High court rejects appeal of killer of 4 people in Omaha
Class Action News | 2019/07/18 04:36
The Nebraska Supreme Court on Friday upheld the convictions and death sentence of a man who killed four people in Omaha, seemingly at random, shortly after his release from prison in 2013.

Nikko Jenkins pleaded no contest in 2014 to four counts of first-degree murder and multiple weapons counts for three separate, deadly attacks around Omaha. He was sentenced to death  in 2017 after years of delays over concerns regarding his mental health. The high court’s opinion addressed combined direct appeals on Jenkins’ behalf.

Among the arguments Jenkins’ attorneys made is that the trial court abused its discretion in accepting his no-contest pleas in a death penalty case. In a no-contest plea, a defendant does not admit guilt, but concedes there is enough evidence for a conviction. The plea has the same effect as a guilty plea.

The Douglas County Public Defender office also argued that the court was wrong to allow Jenkins to represent himself and that, because it believes Jenkins is mentally ill, sentencing him to death violated the U.S. Constitution’s prohibition on cruel and unusual punishment.


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