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Court picks prosecutor to defend ruling on Arpaio's pardon
Business Law Info | 2018/10/15 23:51
A Los Angeles attorney has been appointed to defend a ruling by a lower court judge who refused to erase the criminal record of former metro Phoenix Sheriff Joe Arpaio after he was pardoned by President Trump.

The 9th Circuit Court of Appeals on Monday picked Christopher G. Caldwell to argue in support of the ruling that dismissed the lawman's case but refused to expunge his record.

The appointment in the appeal came after President Donald Trump's Justice Department refused to handle the case.

Caldwell worked for the Justice Department in the 1980s and, in private practice since then has focused on cases involving the entertainment industry, intellectual property and other areas.

After the six-term sheriff was defeated in late 2016, he was convicted of criminal contempt of court for his acknowledged disobedience of a judge's 2011 order that barred his traffic patrols that targeted immigrants. Arpaio was accused of prolonging the patrols for 17 months to boost his successful 2012 re-election campaign.

The pardon of the misdemeanor conviction spared Arpaio — an early supporter of Trump's presidential campaign — a possible jail sentence.

Arpaio is appealing the ruling that refused to expunge his criminal record.

Lawyers for the Justice Department won the conviction. But after the pardon, it sided with Arpaio, arguing that the conviction should be expunged because he was pardoned before it became final.


Colorado Supreme Court hears high-stakes oil and gas lawsuit
Business Law Info | 2018/10/14 23:49
An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.

A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.

The justices heard oral arguments in the high-stakes case but did not say when they would rule.

The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.

The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.

The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.

Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health.



Manhattan DA drops part of Weinstein case
Criminal Law Updates | 2018/10/12 18:21
Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.

The development was announced in court Thursday with Weinstein looking on.

The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.

In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.

“In short, your honor, we are moving full steam ahead,” she said.

Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.


Former FIFA official Makudi at court for ban appeal hearing
Lawyer Blog News | 2018/10/11 17:21
Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.

Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."

The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).

FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.

He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.

"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.

Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations.


Kavanaugh to hear his 1st arguments as Supreme Court justice
Lawyer Blog News | 2018/10/11 17:19
A Supreme Court with a new conservative majority takes the bench as Brett Kavanaugh, narrowly confirmed after a bitter Senate battle, joins his new colleagues to hear his first arguments as a justice.

Kavanaugh will emerge Tuesday morning from behind the courtroom's red velvet curtains and take his seat alongside his eight colleagues. It will be a moment that conservatives have dreamed of for decades, with five solidly conservative justices on the bench.

Kavanaugh's predecessor, Justice Anthony Kennedy, who retired in June, was a more moderate conservative and sometimes sided with the court's four liberal justices. Kavanaugh, in contrast, is expected to be a more decidedly conservative vote, tilting the court right for decades and leaving Chief Justice John Roberts as the justice closest to the ideological middle.

With justices seated by seniority, President Donald Trump's two appointees will flank the Supreme Court bench, Justice Neil Gorsuch at one end and Kavanaugh at the other. Court watchers will be looking to see whether the new justice asks questions at arguments and, if so, what he asks. There will also be those looking for any lingering signs of Kavanaugh's heated, partisan confirmation fight. But the justices, who often highlight their efforts to work together as a collegial body, are likely to focus on the cases before them.

Republicans had hoped to confirm Kavanaugh in time for him to join the court on Oct. 1, the start of the new term. Instead, the former D.C. Circuit judge missed the first week of arguments as the Senate considered an allegation that he had sexually assaulted a woman in high school, an allegation he adamantly denied.

Kavanaugh was confirmed 50-48 Saturday, the closest vote to confirm a justice since 1881, and has had a busy three days since then. On Saturday evening, Kavanaugh took his oaths of office in a private ceremony at the Supreme Court while protesters chanted outside the court building.


The Latest: Bolton says international court 'dead to us'
Business Law Info | 2018/10/10 00:19
The United States is pledging to use "any means necessary" to protect American citizens and allies from International Criminal Court prosecution.

President Donald Trump's national security adviser, John Bolton, says the court is "illegitimate" and "for all intents and purposes, the ICC is already dead to us."

Bolton delivered his remarks Monday to the conservative Federalist Society in Washington. He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.

The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.

President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.

The State Department is announcing the closure of the Palestine Liberation Organization office in Washington.

The department says that the PLO "has not taken steps to advance the start of direct and meaningful negotiations with Israel."

It accuses the Palestinian leadership of condemning a yet-to-be-released Trump administration plan to forge peace between Israel and the Palestinians. It also contends that the PLO is refusing to engage with the U.S. government on peace efforts.

In its statement Monday, the department says its decision is also consistent with administration and congressional concerns with Palestinian attempts to prompt an investigation of Israel by the International Criminal Court.


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