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The initial online search spurring a raid on a Kansas paper was legal
Employment Law |
2023/08/21 21:57
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The initial online search of a state website that led a central Kansas police chief to raid a local weekly newspaper was legal, a spokesperson for the agency that maintains the site said Monday, as the newspaper remains under investigation.
Earlier this month, after a local restaurant owner accused the Marion County Record of illegally accessing information about her, the Marion police chief obtained warrants to search the newspaper’s offices and the home of its publisher, as well as the home of a City Council member who also accessed the driver’s license database.
The police chief led the Aug. 11 raids and said in the affidavits used to obtain the warrants that he had probable cause to believe that the newspaper and the City Council member had violated state laws against identity theft or computer crimes.
Both the City Council member and the newspaper have said they received a copy of the document about the status of the restaurant owner’s license without soliciting it. The document disclosed the restaurant’s license number and her date of birth, information required to check the status of a person’s license online and gain access to a more complete driving record. The police chief maintains they broke state laws to do that, while the newspaper and Herbel’s attorneys say they didn’t.
The raid on the Record put it and its hometown of about 1,900 residents in the center of a debate about press freedoms protected by the First Amendment to the U.S. Constitution and Kansas’ Bill of Rights. It also exposed divisions in the town over local politics and the newspaper’s coverage of the community and put an intense spotlight on Police Chief Gideon Cody.
Department of Revenue spokesperson Zack Denney said it’s legal to access the driver’s license database online using information obtained independently. The department’s Division of Vehicles issues licenses.
“That’s legal,” he said. “The website is public facing, and anyone can use it.”
The Kansas Bureau of Investigation continues to probe the newspaper’s actions. The KBI reports to state Attorney General Kris Kobach, a Republican, while the Department of Revenue is under Democratic Gov. Laura Kelly’s authority.
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McCarthy floats stopgap funding to prevent a government shutdown
Business Law Info |
2023/08/16 10:39
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Congressional leaders are pitching a stopgap government funding package to avoid a federal shutdown after next month, acknowledging the House and Senate are nowhere near agreement on spending levels to keep federal operations running.
House Speaker Kevin McCarthy raised the idea of a months-long funding package, known as a continuing resolution, to House Republicans on a members-only call Monday evening, according to those familiar with the private session and granted anonymity to discuss it.
On Tuesday, Senate Majority Leader Chuck Schumer said the two leaders had spoken about such a temporary measure. It would extend federal funding operations into December to allow more time to work on the annual spending bills.
“I thought it was a good thing that he recognized that we need a CR,” Schumer, D-N.Y., told reporters on a call. “We hope that our House Republicans will realize that any funding resolution has to be bipartisan or they will risk shutting down the government,” he said.
A stopgap measure that would keep government offices running past the Sept. 30 end of the fiscal year is a typical strategy while the Republican-held House and Democrat-held Senate try to iron out a long-term budget agreement. The government’s new fiscal year begins on Oct. 1, when funding approval is needed to avert closures of federal offices.
But this year, the task may prove more politically difficult. McCarthy will need to win over a large portion of his Republican colleagues to pass the stopgap bill or risk political blowback from staunch conservatives if he leaves them behind and cuts a bipartisan deal with Democrats.
Conservatives, including many from the House Freedom Caucus, are usually loathe to get behind short-term funding measures as they push for steeper spending cuts, using the threat of a shutdown as leverage. |
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Opponents of Maine’s new abortion law won’t seek to nullify it
Employment Law |
2023/08/14 17:20
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Groups opposed to Maine’s new law expanding abortion access won’t attempt to nullify the statute through a so-called People’s Veto referendum.
Republican Rep. Laurel Libby, leader of the Speak Up for LIFE group, said Wednesday that allies have decided to focus their resources on electing candidates who are opposed to abortions instead of collecting signatures and running a referendum campaign.
“At the end of the day, we want to put our effort into the most effective place possible,” Libby, a Republican from Auburn, told The Associated Press. That means flipping legislative seats, she said, particularly in the Maine House.
Wednesday marked the deadline to notify state officials of a People’s Veto, a constitutional provision allowing citizens to repeal legislation through a statewide vote. To move forward, more than 67,000 signatures would have been needed.
Mills presented the bill expanding abortion access after a Yarmouth woman came forward with her story about having to travel to Colorado for an abortion after learning at week 32 of her pregnancy that her unborn son had a fatal condition that would not allow him to survive.
Critics said the law’s language was broader than necessary if the goal was simply to allow abortions in instances of a fatal fetal anomaly later in a pregnancy. They also said the bill put too much power in the hands of doctors.
Passage was considered a foregone conclusion in the Legislature where Democrats controlled both chambers, and there were enough co-sponsors to ensure passage. But the vote was close in the House after emotional testimony.
Beside Maine, six states leave the decision to get an abortion to doctors and their patients, without restrictions. They are Alaska, Colorado, New Jersey, New Mexico, Oregon and Vermont, plus Washington, D.C. |
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Pakistan leader moves to disband parliament, his jailed nemesis seeks release
Court Feed News |
2023/08/10 00:44
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Pakistan’s prime minister said Wednesday he is moving toward dissolving parliament, starting a possible countdown to a general election, as his chief political rival fought to overturn a corruption conviction that landed him in a high-security prison over the weekend.
Prime Minister Shehbaz Sharif told lawmakers that he would seek approval from Pakistan’s president to disband the national assembly as its five-year term ends. With such an approval, a formality, a general election would typically have to be held within 90 days.
This year there’s a twist, though. A delay until the spring is possible if Pakistan’s election commission opts for redistricting ahead of an election, based on the results of a recent census.
The uncertainty over the election date coincides with the legal and political drama surrounding Sharif’s predecessor, Imran Khan. The 70-year-old popular opposition leader was convicted by an Islamabad court over the weekend of concealing assets and was immediately sentenced to three years in prison.
Khan has appealed the conviction which effectively removes him from the election campaign, at a time when his party seemed to be doing well in the polls.
The Islamabad High Court, where his appeal is being heard, said Wednesday that it wants to hear from the government and Pakistan’s election commission before making a decision on whether to overturn the conviction and order Khan’s release.
The commission last year disqualified Khan from holding public office for five years, accusing him of unlawfully selling state gifts and concealing assets as premier. Khan was notified of his disqualification again on Tuesday following his sentencing.
The court adjourned Wednesday without setting a date for the next hearing, dealing a blow to Khan’s legal team which has argued he is being held in unacceptably tough conditions at Attock prison, about an hour’s drive from Islamabad. The court’s eventual ruling could be appealed and heard by Pakistan’s Supreme Court. |
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Russian court imposes 3- to 6-year sentences for distributing tainted drinks
Class Action News |
2023/08/07 20:09
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A Russian court on Monday sentenced seven defendants to as little as three years in prison for distributing methanol-tainted drinks that killed 44 people.
The court in Yekaterinburg, Russia’s fourth-largest city, convicted the seven of charges including sale of goods that do not meet safety requirements and result in the deaths of two or more people; sentences ran from three to six years.
Prosecutors said the seven had illegally sold alcohol since 2020 and that in 2021 they sold drinks containing excessive amounts of methanol, which is commonly used as a solvent. A total of 51 people were sickened by the drinks, of whom 44 died. |
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Grieving families confront Pittsburgh shooter at death penalty sentencing
Court Feed News |
2023/08/03 17:35
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Grieving families confronted the Pittsburgh synagogue shooter at his sentencing hearing Thursday, one day after a jury determined that capital punishment was appropriate for the perpetrator of the deadliest attack on Jews in U.S. history.
The hearing at the federal courthouse in Pittsburgh got underway, with some 22 witnesses — survivors of the 2018 massacre and relatives of the 11 people who were fatally shot — expected to deliver victim impact statements.
U.S. District Judge Robert Colville was expected to formally sentence Robert Bowers to death later Thursday.
“Mr. Bowers, you met my beloved husband in the kitchen. Your callous disregard for the person he was repulses me,” testified Peg Durachko, wife of 65-year-old Dr. Richard Gottfried, a dentist who was shot and killed. “Your hateful act took my soulmate from me.”
Mark Simon, whose parents, Bernice and Sylvan Simon, were killed in the attack, testified he still has their bloodied prayer shawl. He said he remains haunted by the 911 call placed by his mother, whom Bowers shot while she was on the line.
“My parents died alone, without any living soul to comfort them or to hold their hand in their last moments,” said Simon, condemning “that defendant” as evil and cowardly and urging the judge to show him no mercy.
“You will never be forgiven. Never,” Simon told Bowers.
Bowers, a 50-year-old truck driver from suburban Baldwin, ranted about Jews online before carrying out the attack at Tree of Life synagogue on Oct. 27, 2018. He told police at the scene that “all these Jews must die” and has since expressed pride in the killings.
Jurors were unanimous in finding that Bowers’ attack was motivated by his hatred of Jews, and that he chose Tree of Life for its location in one of the largest and most historic Jewish communities in the nation so he could “maximize the devastation, amplify the harm of his crimes, and instill fear within the local, national, and international Jewish communities.” They also found that Bowers lacked remorse.
The jury rejected defense claims that Bowers has schizophrenia and that his delusions about Jewish people spurred the attack.
Bowers, who was armed with an AR-15 rifle and other weapons, also shot and wounded seven, including five responding police officers.
He was convicted in June of 63 federal counts, including hate crimes resulting in death and obstruction of the free exercise of religion resulting in death. |
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