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McCarthy juggles a government shutdown and a Biden impeachment inquiry
Criminal Law Updates | 2023/09/12 16:55
House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.

But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.

It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.

“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.

McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.

Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.

With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.

That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.

To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.

McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.

But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.

Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden.


Man gets life sentence for raping 9-year-old Ohio girl
Criminal Law Updates | 2023/07/06 23:37
A man who confessed to raping and impregnating a 9-year-old Ohio girl has been sentenced to life in prison in a case that became a national flashpoint on abortion rights because the girl had to travel out of state to end the pregnancy.

Gerson Fuentes, 28, was sentenced to life in prison, but his plea deal stipulates that he can seek parole after serving 25 to 30 years. He would then have to register as a sex offender.

Common Pleas Court Judge Julie Lynch, who was not required to approve the plea agreement, said the girl’s family “begged” the judge to back it. Lynch called the deal a “very hard pill for this court to swallow.”

“Anyone who’s ever been in this courtroom for the last 20 years knows how this court feels about these babies, young people, being violated,” Lynch said. “However, today, by the request of the family, this court will be sentencing without comment.”

The maximum sentence would have been life without parole. Settling the case before trial will spare the survivor from having to testify in court.

Zachary Olah, an attorney who represented Fuentes, told The Columbus Dispatch after the hearing that his client has been cooperative since the beginning.

“He was anxious to get this resolved,” Olah said.

The girl, who turned 10 before having the abortion, confirmed that Fuentes attacked her, Franklin County prosecutors have said, and Fuentes confessed to Columbus police detectives. DNA testing of the aborted fetus confirmed Fuentes was the father, prosecutors said.

Fuentes, who is from Guatemala and was living in Columbus, had been held without bond since his arrest. If he eventually wins parole, he would likely be deported given that authorities have said they have not found any evidence he is authorized to live in the U.S. legally.


Republicans invoke Soros to steer narrative on Trump probe
Criminal Law Updates | 2023/03/22 17:02
As former President Donald Trump braces for a potential indictment related to hush money payments made on his behalf during his 2016 campaign, Republicans blasting the case as politically motivated are blaming a frequent target: George Soros.

The 92-year-old billionaire investor and philanthropist — who has been falsely accused of everything from hiring violent rioters to committing election crimes — doesn’t know and didn’t donate directly to the New York prosecutor steering the probe. But that hasn’t stopped Trump and other high-profile Republicans from accusing Manhattan District Attorney Alvin Bragg, who convened the grand jury investigating Trump, of acting on Soros’ behalf.

Trump on Monday used his Truth Social platform to misleadingly claim that Bragg “received in EXCESS OF ONE MILLION DOLLARS” from Soros. Ohio Sen. J.D. Vance tweeted that the prosecutor was “bought by George Soros.” Florida Gov. Ron DeSantis called the case a “manufactured circus by some Soros-DA.”

Experts say the claims exploit a gray area of campaign fundraising, where tenuous connections between PAC donors and the candidates who ultimately receive the funds can be unclear.

Scapegoating Soros, who is Hungarian American and Jewish, also perpetuates deep-rooted false ideas about Jewish people and immigrants to underscore the conspiracy theory that he is a shadowy villain orchestrating world events.

The misleading claims about Soros’ link to the Trump case stem from a real donation the philanthropist made in 2021. Soros gave $1 million to Color of Change PAC, a political group that ran an independent expenditure campaign to support Bragg’s district attorney run.

But Soros spokesman Michael Vachon confirmed the wealthy donor’s contribution to the PAC was not earmarked to be used for Bragg. Soros didn’t donate to Bragg’s campaign directly, and the two have never met in person, by phone or virtually, Vachon said.

Soros’ contribution to Color of Change PAC, which told The Associated Press it supports prosecutors looking to change the criminal justice system, follows a pattern for the investor, who “has made numerous contributions in support of reform-minded prosecutors across the country since 2015,” Vachon said.

Soros wrote in an op-ed in 2022 that he supports these candidates because they invest in changes he supports, including mental health programs and treating drug addiction as a disease instead of a crime. Personally and through another PAC, Soros donated about $4 million to Color of Change PAC between 2016 and 2022, Vachon said.


North Carolina Supreme Court to revisit school funding
Criminal Law Updates | 2023/03/06 17:01
A ruling by the North Carolina Supreme Court on Friday siding with the state controller means the court will revisit a school funding case in which an earlier lineup of justices issued a landmark opinion just four months ago.

In a 5-2 decision, the Supreme Court restored enforcement of a 2021 order by the Court of Appeals that stopped the controller from transferring money from state coffers to agencies for education purposes without the General Assembly’s express approval. A trial judge had directed the controller’s predecessor to transfer the funds — an action the Supreme Court upheld in November. Two new justices joined the bench in January, altering the court’s partisan makeup.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.


Belarus hands 8-year term to journalist for top Polish paper
Criminal Law Updates | 2023/02/08 18:51
A Belarusian court on Wednesday sentenced a journalist and prominent member of the country’s sizable Polish minority to eight years in prison, amid an ongoing crackdown on critics of authoritarian President Alexander Lukashenko’s regime.

Andrzej Poczobut, 49, was found guilty of harming Belarus’ national security and “inciting discord” in a closed trial held in the western city of Grodno. Poczobut, a journalist for the influential Polish newspaper Gazeta Wyborcza and a top figure in the Union of Poles in Belarus, has been behind bars since his detention in March 2021.

He reported extensively on the mass protests that gripped Belarus for weeks in 2020 following a presidential election that gave Lukashenko, in power since 1994, a new term in office, but that was widely regarded by the opposition and Western countries as fraudulent.

The indictment against Poczobut referenced his coverage of the protests, along with his statements in defense of ethnic Poles in Belarus and reference to the 1939 Soviet invasion of Poland as an act of “aggression,” as evidence that he was guilty of the charges.

Polish Prime Minister Mateusz Morawiecki in a Tweet Wednesday condemned the “inhumane decision by the Belarusian regime” and vowed to “do everything to help the Polish journalist bravely fighting for the truth.”

Poland’s foreign ministry summoned the top Belarusian diplomat in Warsaw, Alexander Tshasnouskyy, to protest the verdict.

Poland demands the release of Poczobut and of all political prisoners in Belarus and urges Minsk to respect international laws and put an end to actions against the Polish minority, the ministry said in a statement.


Top German court nixes subsidy raise for political parties
Criminal Law Updates | 2023/01/31 18:30
Germany’s top court has ruled that a decision five years ago to raise the upper limit for state financing of political parties by 25 million euros ($27.2 million) a year was illegal.

The country’s Constitutional Court said Tuesday that a 2018 law change backed by the left-right governing coalition under former Chancellor Angela Merkel to increase the annual limit for all parties to 190 million euros ($206.7 million) could make them too dependent on the state.

State funding in Germany matches the amount of money political parties receive from members or donations, up to a fixed limit.

Judges concluded that the arguments for raising that limit put forward by lawmakers at the time — such as the need to digitize their communication — weren’t sufficient to justify the increase. They had also failed to take into account savings resulting from switching to electronic communication.

Three smaller parties — the Greens, Free Democrats and Left party — had challenged the law. The Greens and Free Democrats are now in a coalition with the Social Democrats, who had backed the law. Merkel’s Union bloc has been in opposition since 2021.

It wasn’t immediately clear what impact the verdict will have for state funding already provided to parties.


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