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X announces suspension of Brazil operations, alleging ‘censorship orders’
Class Action News |
2024/08/15 23:08
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Social media platform X said Saturday it will close its operations in Brazil, claiming Brazilian Supreme Court Justice Alexandre de Moraes threatened to arrest its legal representative in Brazil if they did not comply with orders.
X is removing all remaining Brazil staff in the country “effective immediately,” though the company said service will still be available to the people of Brazil. The company did not clarify how it could claim to suspend operations while continuing to provide services to Brazilians.
Earlier this year, the company clashed with de Moraes over free speech, far-right accounts and misinformation on X. The company said his most recent orders amounted to censorship, and shared a copy of the document on X.
The Supreme Court’s press office didn’t immediately respond to Associated Press email requests seeking comment, or to confirm the veracity of the document, on Saturday.
In the United States, free speech is a constitutional right that’s much more permissive than in many countries, including Brazil, where de Moraes in April ordered an investigation into CEO Elon Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.
Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution.
Whether investigating former President Jair Bolsonaro, banishing his far-right allies from social media, or ordering the arrest of supporters who stormed government buildings on Jan. 8, 2023, de Moraes has aggressively pursued those he views as undermining Brazil’s young democracy.
“Moraes has chosen to threaten our staff in Brazil rather than respect the law or due process,” the company said in a statement on X.
In a tweet Saturday morning, the self-proclaimed “free speech absolutist” and owner of X, Musk, said de Moraes “is an utter disgrace to justice.”
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Hearing in Karen Read case expected to focus on jury deliberations
Lawyer Blog News |
2024/08/09 18:11
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Defense attorneys for Karen Read are expected to argue Friday that two charges in the death of her Boston police officer boyfriend be dismissed, focusing on the jury deliberations that led to a mistrial.
Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a snowstorm in January 2022. Her two-month trial ended when jurors declared they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations. A new trial is set to begin Jan. 27.
In several motions since the mistrial, the defense contends four jurors have said the jury unanimously reached a not guilty verdict on second-degree murder and leaving the scene of a deadly accident and were deadlocked on the remaining manslaughter charge. Trying her again on those two charges would be unconstitutional double jeopardy, they said.
They also reported that one juror told them “no one thought she hit him on purpose or even thought she hit him on purpose.”
The defense also argues Judge Beverly Cannone abruptly announced the mistrial without questioning jurors about where they stood on each of the three charges Read faced and without giving lawyers for either side a chance to comment.
Prosecutors described the defense’s request to drop charges of second-degree murder and leaving the scene of a deadly accident as an “unsubstantiated but sensational post-trial claim” based on “hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.”
But in another motion, prosecutors acknowledged they received a voicemail from someone who identified themselves as a juror and confirmed the jury had reached a unanimous decision on the two charges. Subsequently, they received emails from three individuals who also identified themselves as jurors and wanted to speak to them anonymously.
Prosecutors said they responded by telling the trio that they welcomed discussing the state’s evidence in the case but were “ethically prohibited from inquiring as to the substance of your jury deliberations.” They also said they could not promise confidentiality.
As they push against a retrial, the defense wants the judge to hold a “post-verdict inquiry” and question all 12 jurors if necessary to establish the record they say should have been created before the mistrial was declared, showing jurors “unanimously acquitted the defendant of two of the three charges against her.”
Prosecutors argued the defense was given a chance to respond and, after one note from the jury indicating it was deadlocked, told the court there had been sufficient time and advocated for the jury to be declared deadlocked. Prosecutors wanted deliberations to continue, which they did before a mistrial was declared the following day.
“Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial, as she had adequate opportunities to object and instead remained silent which removes any double jeopardy bar to retrial,” prosecutors wrote in their motion.
Read, a former adjunct professor at Bentley College, had been out drinking with O’Keefe, a 16-year member of the Boston police who was found outside the Canton, Massachusetts, home of another Boston police officer. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
The defense contended O’Keefe was killed inside the home after Read dropped him off and that those involved chose to frame her because she was a “convenient outsider.” |
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Turkey formally asks to join the genocide case against Israel at the UN court
Class Action News |
2024/08/06 01:12
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Turkey on Wednesday filed a request with a U.N. court to join South Africa’s lawsuit accusing Israel of genocide in Gaza, the foreign minister said.
Turkey’s ambassador to the Netherlands, accompanied by a group of Turkish legislators, submitted a declaration of intervention to the International Court of Justice in The Hague.
With the development, Turkey, one of the fiercest critics of Israel’s actions in Gaza, becomes the latest nation seeking to participate in the case. Spain, Mexico, Colombia, Nicaragua and Libya have also asked to join the case, as have Palestinian officials. The court’s decision on their requests is still pending.
“We have just submitted our application to the International Court of Justice to intervene in the genocide case filed against Israel,” Foreign Minister Hakan Fidan wrote on the social media platform X. “Emboldened by the impunity for its crimes, Israel is killing more and more innocent Palestinians every day.”
“The international community must do its part to stop the genocide; it must put the necessary pressure on Israel and its supporters,” he said. “Turkey will make every effort to do so.”
Turkish President Recep Tayyip Erdogan has accused Israel of genocide, called for it to be punished in international courts and criticized Western nations for backing Israel. In May, Turkey suspended trade with Israel, citing its assault on Gaza.
In contrast to Western nations that have designated Hamas a terrorist organization, Erdogan has commended the group, calling it a liberation movement.
South Africa brought a case to the International Court of Justice late last year, accusing Israel of violating the genocide convention through its military operations in Gaza.
Israel has strongly rejected accusations of genocide and has argued that the war in Gaza is a legitimate defensive action against Hamas militants for their Oct. 7 attack in southern Israel that killed around 1,200 people and in which 250 hostages were taken.
If admitted to the case, the countries who joined would be able to make written submissions and speak at public hearings.
Preliminary hearings have already been held in the genocide case against Israel, but the court is expected to take years to reach a final decision.
“No country in the world is above international law,” Turkish Foreign Ministry spokesman Oncu Keceli said on X earlier. “The case at the International Court of Justice is extremely important in terms of ensuring that the crimes committed by Israel do not go unpunished.”
Keceli also called for the immediate implementations of precautionary measures ordered by the court, including a halt to military offensive and an increase in humanitarian aid to Gaza.
Since Erdogan took power in 2003, former allies Turkey and Israel have experienced a volatile relationship, marked by periods of severe friction and reconciliation. The war in Gaza has disrupted the most recent attempts at normalizing ties. |
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Court filings provide additional details of the US’ first nitrogen gas execution
Business Law Info |
2024/08/02 04:51
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A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted.
Another court document indicated that the nitrogen gas was flowing for at least 10 minutes during the execution. The documents filed last month in ongoing litigation provided additional details of the execution of Kenneth Smith, who was the first person put to death using nitrogen gas.
Alabama Attorney General Steve Marshall’s office maintains the high oxygen readings indicate that Smith held his breath as the nitrogen gas flowed, causing the execution to take longer than expected. But attorneys for another inmate said the state has no proof to back up that claim and is trying to “explain away” an execution that went horribly awry.
As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution.
Media witnesses to Smith’s execution, including The Associated Press, said that Smith shook on the gurney for several minutes before taking a series of gasping breaths. Alabama had assured a federal judge before the execution that the new execution method would quickly cause unconsciousness and death.
A pulse oximeter showed that Smith had oxygen levels of 97% to 98% for a “period of time that was longer than I had expected,” the corrections captain said in a sworn statement. The corrections captain said he did not observe Smith make any violent or convulsive movements, but he did tense up and raise his body off the gurney. After “he released a deep breath,” the oxygen levels began dropping, the corrections captain said.
“The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas — not that the mask did not fit or that the nitrogen was impure,” the Alabama attorney general’s office wrote in a court filing.
Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay.
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Republican challenge to New York's mail voting expansion
Business Law Info |
2024/07/27 11:51
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New York’s highest court heard arguments Tuesday in a Republican challenge of a law that allows any registered voter to cast a mail-in ballot during the early voting period.
The case, which is led by Rep. Elise Stefanik and includes other lawmakers and the Republican National Committee, is part of a widespread GOP effort to tighten voting rules after the 2020 election.
Democrats approved the mail voting expansion law last year. The Republican challenge argues that it violates voting provisions in the state Constitution.
The hourlong arguments before the New York Court of Appeals in Albany hinged on technical readings of the Constitution, specifically whether certain passages would allow for the state Legislature to expand mail voting access.
At certain points in the hearing, judges quizzed attorneys on whether a constitutional provision that says eligible voters are entitled to vote “at every election” would mean a physical polling place or simply the election in general.
Michael Y. Hawrylchak, an attorney representing the Republicans, said that provision “presupposes a physical place” for in-person voting. Deputy Solicitor General Jeffrey W. Lang, who is representing the state, said the phrase “just refers to a process of selecting an office holder” and not any physical polling place.
Democrats first tried to expand mail voting through a constitutional amendment in 2021, but voters rejected the proposal after a campaign from conservatives who said it would lead to voter fraud.
Lower courts have dismissed the Republican lawsuit in decisions that said the Legislature has the constitutional authority to make rules on voting and the Constitution doesn’t require voting specifically to occur in person on election day.
It is unclear when the Court of Appeals will rule.
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UAE hands 57 Bangladeshis long-term jail terms for protests
Lawyer Blog News |
2024/07/22 20:21
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A court in the United Arab Emirates sentenced dozens of Bangladeshi nationals to prison, including three for life imprisonment, over protests against their home government in the Gulf country, state media reported Monday.
The Abu Dhabi Federal Court of Appeal on Sunday handed 10-year prison sentences to 53 Bangladeshi nationals and an 11-year term to another Bangladeshi national, in addition to the three life imprisonments, according to the state-owned Emirates News Agency, WAM. The court ordered the deportation of the Bangladeshis from the UAE following their prison terms.
“The court heard a witness who confirmed that the defendants gathered and organised large-scale marches in several streets of the UAE in protest against decisions made by the Bangladeshi government,” WAM reported.
On Saturday, authorities in the United Arab Emirates ordered an investigation and an expedited trial of the arrested Bangladeshi nationals. The protests in the UAE followed weeks of demonstrations in Bangladesh by people upset about a quota system that reserved up to 30% of government jobs for relatives of veterans who fought in Bangladesh’s war of independence in 1971. The country’s top court on Sunday scaled back the controversial system, in a partial victory for the mostly student protesters.
The UAE’s attorney general’s office on Saturday indicted the Bangladeshis on several charges, including “gathering in a public place and protesting against their home government with the intent to incite unrest,” obstructing law enforcement, causing harm to others and damaging property, according to WAM.
Bangladeshi nationals make up the UAE’s third-largest expatriate community. Many of them are low-paid laborers seeking to send money back home to their families. The Emirates’ overall population of more than 9.2 million is only 10% Emirati.
Political parties and labor unions are banned in the UAE, a federation of seven sheikhdoms. Broad laws severely restrict freedom of speech and almost all major local media are either state-owned or state-affiliated outlets.
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