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Ohio election officials brace for early voting
Law & Politics |
2008/09/30 18:48
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Voters in this crucial swing state began casting absentee ballots Tuesday, after state and federal courts upheld a ruling that allows residents to register and vote absentee on the same day during the first six days of voting. Five people were waiting at the Cuyahoga County Board of Elections when doors opened at 8:30 a.m. Two in line said they were voting for Democratic presidential candidate Barack Obama, including John Fuller, 73, a retired hospital orderly from Cleveland. Fuller said voting early would allow him to work on Election Day helping others get out and vote. Fuller and others in line Tuesday morning were previously registered. Election officials around Ohio prepared for a rush of early voting Tuesday, the first day absentee ballots are accepted in advance of the Nov. 4 presidential election. Backed by the state Supreme Court and two federal judges, Secretary of State Jennifer Brunner, a Democrat, is allowing new voters to register and cast an absentee ballot on the same day from Tuesday through Oct. 6. For weeks, the Ohio Republican Party accused Brunner of interpreting the early voting law to benefit her own party by allowing same-day registering and voting. Republicans argued that Ohio law requires voters to be registered for 30 days before they cast an absentee ballot. But the Republican-dominated Ohio Supreme Court decided Monday that Brunner was following the law. The decision was backed by a federal judge in Cleveland. Another federal judge in Columbus declined to rule, deferring to the state Supreme Court's decision. On Tuesday, the Ohio Republican Party asked the 6th U.S. Circuit Court of Appeals in Cincinnati should either stop same-day voting or at least require the state's top elections official to separate those ballots so they can be verified. Brunner, however, has already instructed election officials to segregate the ballots cast by those who register on the same day and verify the registration information before those ballots are counted. The second voter in line at the Board of Elections here was Julia Kramer, 19, a Case Western Reserve University freshman from New York City and an Obama volunteer. She said she's been working on campus to register out-of-state students to change their registrations to Ohio because of its critical role in the election. Nevertheless, "A lot of people are really attached to their hometowns," Kramer said. "It's hard to explain to people that your vote (in New York) won't count as much." In Columbus, voters wanting to cast ballots as soon as possible on Tuesday morning had set up tents Monday night to wait in line outside the Franklin County Board of Elections. Obama's campaign organized car pools from college campuses to early voting sites. The Northeast Ohio Coalition for the Homeless is ferrying voters from homeless shelters to polling sites in the Cleveland area. Other organizations that seek to increase poor and minority participation in elections are transporting voters from low-income neighborhoods. The targeted voters have all traditionally had a harder time getting registered, and then getting to polling places on Election Day. Republicans weren't ceding the early voting crowd just because they were engaged in a court challenge. "You have a special opportunity to help elect John McCain, Sarah Palin and Republicans across the ballot," a page on the Republican National Committee's Web site said. The window occurs because state law requires absentee voting to begin 35 days before Election Day, on Sept. 30, while the end of registration for this election is Oct. 6. The window was used by voters sparingly in previous elections, but never got any attention until the Republican-controlled Legislature passed a law in 2005 that enabled all Ohio voters to vote absentee. |
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Ex-CIA executive pleads guilty to wire fraud
Court Feed News |
2008/09/30 17:49
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A former high-ranking CIA official pleaded guilty Monday to abusing his influence within the agency to direct lucrative contracts toward an old friend who showered him with tens of thousands of dollars worth of gifts. Kyle "Dusty" Foggo, 53, of Vienna, Va., struck a deal in U.S. District Court, pleading guilty to a single count of wire fraud for "depriving the United States and its citizens of their right to his honest services." As part of the plea, prosecutors dropped 27 other counts against him and agreed to seek a prison term no longer than three years and a month. Foggo was the agency's third-highest ranking officer from 2004 to 2006 and responsible for its daily operations. He will be sentenced on Jan. 8 and faces up to 20 years in prison. However, it is far more likely that U.S. District Judge James Cacheris will impose a sentence more closely in line with the three-year term recommended by prosecutors. Foggo was not charged with taking bribes, but prosecutors said in court papers that he received up to $70,000 worth of gifts from his friend Brent Wilkes, a defense contractor. The gifts included expensive dinners at gourmet steakhouses and free vacations for Foggo and his family in Scotland and Hawaii. He and his lawyer declined comment after the hearing. |
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House nixes $700B bailout bill in stunning defeat
U.S. Legal News |
2008/09/29 23:25
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In a vote that shook the government, Wall Street and markets around the world, the House on Monday defeated a $700 billion emergency rescue for the nation's financial system, leaving both parties and the Bush administration struggling to pick up the pieces. The Dow Jones industrials plunged nearly 800 points, the most ever for a single day.
"We need to put something back together that works," a grim-faced Treasury Secretary Henry Paulson said after he and Federal Reserve Chairman Ben Bernanke joined in an emergency strategy session at the White House. On Capitol Hill, Democratic leaders said the House would reconvene Thursday in hopes of a quick vote on a reworked version. All sides agreed the bill could not be abandoned. On Monday, not enough lawmakers were willing to take the political risk -- just five weeks before the elections -- of backing a deeply unpopular measure that many voters see as an undeserved bailout for Wall Street. The bill went down, 228-205, even though Paulson and congressional leaders proclaimed a day earlier that they had worked out an acceptable compromise in marathon weekend talks. Lawmakers were caught in the middle. On one side were the dire predictions from Bush, his economic team, and their own party leaders of an all-out financial meltdown if they failed to approve the rescue. On the other side: a flood of protest calls and e-mails from voters threatening to punish them at the ballot box. The House Web site was overwhelmed as millions of people sought information about the measure. The legislation the administration promoted would have allowed the government to buy bad mortgages and other sour assets held by troubled banks and other financial institutions. Getting those debts off their books should bolster those companies' balance sheets, making them more inclined to lend and easing one of the biggest choke points in a national credit crisis. If the plan worked, the thinking went, it would help lift a major weight off the national economy, which is already sputtering. Stocks started plummeting on Wall Street even before Monday's vote was over, as traders watched the rescue measure going down on television. Meanwhile, lawmakers were watching them back. As a digital screen in the House chamber recorded a cascade of "no" votes against the bailout, Democratic Rep. Joe Crowley of New York shouted news of the falling Dow Jones industrials. "Six hundred points!" he yelled, jabbing his thumb downward. The final stock carnage was 777 points, far surpassing the 684-point drop on the first trading day after the Sept. 11, 2001, terror attacks. |
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Bush confident bailout bill will stabilize economy
Law & Politics |
2008/09/29 16:49
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Key supporters of a Wall Street bailout package prodded lawmakers to approve the plan hours ahead of a difficult House vote on Monday, with President Bush saying it is needed to "keep the crisis in our financial system from spreading throughout our economy." "Every member of Congress and every American should keep in mind that a vote for this bill is a vote to prevent economic damage to you and your community," said Bush, fully aware that congressional passage of the $700 billion compromise legislation is far from assured. "With this strong and decisive legislation," he said, "we will help restart the flow of credit so American families can meet their daily needs and American businesses can make purchases, ship goods and meet their payrolls." Two leading players in the negotiations also spoke early Monday, taking to television news shows to lobby for approval of a package deeply unpopular with a public angry that taxpayer money will save Wall Street firms from heavy risk-taking. Thousands of angry phone calls, e-mails and letters have poured into Capitol Hill from constituents. But Sen. Chris Dodd, D-Conn., said that failure to act would spread the contagion of frozen credit markets even further. "This is not just about Wall Street," said the Banking Committee chairman. Sen. Judd Gregg, R-N.H., who represented fellow Republicans in the hard-fought 10 days of talks that culminated in a deal early Sunday morning, called it a "tourniquet" for the ailing financial industry and slow-moving economy. Still, both men said the necessity of such massive government action is a sad day for the nation. Asked if the legislation, slated for a vote in the House later Monday and a Senate vote as early as Wednesday, would pass, Dodd said only: "We hope so." These players were speaking not just to rank-and-file lawmakers to whom the spotlight now turns in this contentious, dramatic debate, but to U.S. and global markets which have displayed nervousness about Washington's determination to act. |
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Federal judge upholds early voting in Ohio
Legal Career News |
2008/09/29 16:46
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An Ohio county must allow new voters to register and cast an absentee ballot on the same day during a weeklong period that begins Tuesday, a federal judge ruled Monday. U.S. District Judge James Gwin in Cleveland issued a temporary restraining order forcing Madison County to follow Secretary of State Jennifer Brunner's instructions. The county had said that, one the advice of its county prosecutor, it was not going to allow same-day voting during the six-day window that runs through Oct. 6. It was the first of three court decisions involving an early voting window that has become a highly partisan battle. Both Democratic presidential candidate Barack Obama's campaign and the Republican National Committee have urged supporters in Ohio to use the early voting. But there are Republican-backed lawsuits against it. The state GOP has filed a statewide challenge to the voting window in federal court in Columbus. A hearing was scheduled for Monday. Two GOP-backed voters also have filed a lawsuit in the Ohio Supreme Court, which could rule Monday. The two lawsuits argue that Ohio law requires voters to be registered for at least 30 days before they cast an absentee ballot. Republicans have said Ohio law doesn't allow same-day registration and voting, and have accused Brunner, a Democrat, of reading a partisan interpretation into law to benefit her own party. The disputed voting window results from an overlap between Tuesday's beginning of absentee voting 35 days before Election Day, and the Oct. 6 end of voter registration period. |
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Conservative judges fault Scalia opinion on guns
Lawyer Blog News |
2008/09/29 10:46
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Supreme Court Justice Antonin Scalia is no stranger to criticism. He gives as good as he gets. But two recent critiques of his opinion in the landmark decision guaranteeing people the right keep guns at home for self-defense are notable because they come from respected fellow conservative federal judges. The judges, J. Harvie Wilkinson of the 4th U.S. Circuit Court of Appeals in Richmond, Va., and Richard Posner of the 7th U.S. Circuit Court of Appeals in Chicago, take Scalia to task for engaging in the same sort of judicial activism he regularly disdains. Wilkinson was interviewed by President Bush in 2005 for a Supreme Court vacancy. His article strongly suggests that the 5-4 decision in Heller v. District of Columbia would have come out differently if he had been chosen for the court. Bush's appointees to the high court, Chief Justice John Roberts and Justice Samuel Alito, joined Scalia's opinion. The district's elected government is trying to figure out how to maintain restrictions on gun possession in the wake of the court ruling that struck down its 32-year-old ban on handguns. The D.C. council voted this month to let residents own most semiautomatic pistols and eliminate a requirement that guns be stored unloaded or secured with trigger locks. Congressional critics said the city did not go far enough. The House passed a bill, backed by the National Rifle Association, that broadens the rights of city residents to buy and own firearms. The Senate has yet to act. Wilkinson said elected officials are in a better position to determine gun laws than the courts. He compared the gun case to Roe v. Wade, the abortion rights decision that conservatives consider among the court's worst. "Heller represents a triumph for conservative lawyers. But it also represents a failure — the Court's failure to adhere to a conservative judicial methodology in reaching its decision," Wilkinson wrote in an article to be published next year in the Virginia Law Review. "In fact, Heller encourages Americans to do what conservative jurists warned for years they should not do: bypass the ballot and seek to press their political agenda in the courts." The guns case was easily the most significant opinion Scalia has written in his 22 years on the court. Yet Wilkinson faults the justice for falling victim to the same criticism Scalia leveled in a scathing dissent in the court's 1992 decision that reaffirmed the right to an abortion. |
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