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Illinois AG asks high court to declare gov. unfit
Lawyer Blog News | 2008/12/13 18:43

The Illinois attorney general has filed a motion with the state's highest court asking justices to remove scandal-plagued Gov. Rod Blagojevich bluh-GOY'-uh-vich) from office.

Lisa Madigan took the action Friday as pressure on the governor intensified to step down. The motion challenges his fitness to serve and asks that the Supreme Court oust him.

Madigan scheduled a news conference in Chicago Friday morning to discuss the motion.

The move came as the governor prayed with several ministers in his home before heading to his office, telling them he is innocent and will be vindicated "when you hear each chapter completely written," according to one of the pastors.



High court weighs lawsuit against FBI head, ex-AG
Lawyer Blog News | 2008/12/10 17:29
Supreme Court justices voiced concern Wednesday about including former Attorney General John Ashcroft and FBI Director Robert Mueller in a lawsuit that claims prisoners detained after the Sept. 11 attacks were abused because of their religion and ethnicity.

Yet the court offered no clear indication that it was prepared to order Ashcroft and Mueller removed from a suit filed by Javaid Iqbal, a Pakistani Muslim who spent nearly six months in solitary confinement in New York in 2002.

Iqbal, since deported from the United States, says Ashcroft, Mueller and others implemented a policy of confining detainees in highly restrictive conditions because of their religious beliefs or race.

"The question here is, who is responsible?" said Alexander Reinert, Iqbal's Yonkers, N.Y.-based lawyer.

Solicitor General Gregory Garre argued on behalf of Ashcroft and Mueller that nothing in Iqbal's complaint ties the allegedly discriminatory acts of lower-level officials to his clients.

The case will help determine when Cabinet officers and other high-ranking officials can be sued over allegations that lower-level government workers have violated people's civil rights.

A federal appeals court said the lawsuit could proceed, but the Bush administration says the high-ranking officials should be dismissed from the suit because Iqbal lacks evidence that they intended or condoned the harsh treatment.



Court blocks FAA auction of airport slots
Lawyer Blog News | 2008/12/08 19:50
A federal appeals court in Washington has blocked the Bush administration's plan to auction some landing slots at three New York City-area airports.

In an order issued late Monday, the U.S. Court of Appeals for the District of Columbia Circuit says the slot auction cannot be held until a federal court rules on objections from New York airport officials and airlines.

Transportation Secretary Mary Peters called for the auction as a way to reduce air traffic at John F. Kennedy, LaGuardia and Newark airports. Peters' decision to auction slots followed widespread complaints last year about lengthy flight delays.

Airlines and the Port Authority of New York and New Jersey filed suit saying the proposal would add new costs and make a mess of day-to-day airport operations.



Calif. trio charged with torturing, abusing teen
Lawyer Blog News | 2008/12/05 19:26
A couple accused of beating and torturing a teenager, who authorities say was sometimes kept shackled inside their home, appeared in shackles themselves to face more than a dozen kidnapping and child abuse charges.

It was Michael Schumacher and Kelly Layne Lau's first court appearance since their arrest following the boy's escape in nothing more than boxer shorts and a chain around his ankle. The teen was in search of help after allegedly spending more than a year in captivity.

The boy's one-time guardian, Caren Ramirez, also was charged with similar allegations Thursday. She remained under psychiatric evaluation awaiting her court appearance, expected as early as Monday.

Schumacher and Lau were charged with 13 felony counts, and Ramirez, whom the boy called an aunt, was charged with 10 counts. Among the charges are corporal injury to a child, child abuse and aggravated mayhem, which the San Joaquin County District Attorney's office said could yield life sentences.

Superior Court Judge Franklin Stephenson ordered Schumacher and Lau to be held in lieu of $2.2 million bail. They did not enter pleas.

The abuse at the couple's home in Tracy, about 60 miles east of San Francisco, started in July 2007, prosecutors said. The boy escaped from the home on Monday and fled to a nearby fitness center. He appeared emaciated and was covered in soot.



NYC court: Big city guns can equal stiff sentence
Lawyer Blog News | 2008/12/05 19:25
Federal judges can give harsher penalties to people who help bring illegal guns to big cities, a federal appeals court decided Thursday.

The 2nd U.S. Circuit Court of Appeals approved the practice in its ruling for the case of an illegal gun dealer who got two years in prison, which was six months more than federal sentencing guidelines recommended.

When he imposed the sentence in 2004, U.S. District Judge Charles P. Sifton in Brooklyn said there was a "crying need" to deter gun trafficking into large metropolitan areas.

A three-judge appeals panel initially had overturned Sifton's ruling. The judges then reheard the case and ruled in Sifton's favor Thursday.

The panel said Sifton's ruling was justifiable given the high payoff available to gun smugglers who target big cities.

"Where the profits to be made from violating a law are higher, the penalty needs to be correspondingly higher to achieve the same amount of deterrence," the majority opinion said.

Gerard Cavera, the convicted gun dealer in the case, was an Army veteran with residences in New York and Deerfield Beach, Fla. The appeals court said evidence in the case indicated that he likely knew 16 firearms he sold in Florida for $11,500 were destined for New York City.

Cavera's lawyer, Jeffrey Rabin, said he was "somewhat disappointed" and was considering an appeal. He argued the case would contribute to a return to the disparate sentencing that occurred before the creation of sentencing guidelines.



High court to hear enemy combatant case
Lawyer Blog News | 2008/12/05 19:24
The Supreme Court agreed Friday to decide whether the president may order that people picked up in the United States be detained indefinitely and without criminal charges.

The court is undertaking a fresh review of the Bush administration's aggressive use of preventive detention for suspected terrorists. The administration asserts that the president has the authority to order the military to detain anyone suspected of being an al-Qaida member.

The administration's policy is being challenged by Ali al-Marri, a Qatar native who was seized in the United States and is the only enemy combatant currently being held on U.S. soil. The government says al-Marri is an al-Qaida sleeper agent.

Al-Marri, represented by the American Civil Liberties Union, says he cannot be imprisoned without charge or trial. He was arrested in Peoria, Ill.

Al-Marri has been held in virtual isolation in a Navy brig near Charleston, S.C., for nearly 5 1/2 years.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., said in a split decision that the president has such power, but that al-Marri must be given the chance to persuade a federal judge that he is not an enemy combatant.

The administration argued that al-Marri's case should first go to federal district court in South Carolina, instead of to the Supreme Court.

Al-Marri said that the case was of such constitutional importance that it should be heard by the high court now — and the justices apparently agreed.



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