10/31/2018

Trump visit stirs debate; massacre defendant in court

The man charged in the Pittsburgh synagogue massacre was brought into court in a wheelchair Monday, as some members of the Jewish community and others objected to President Donald Trump’s plans to visit, accusing him of contributing to a toxic political climate in the U.S. that might have led to the bloodshed. With the first funerals set for Tuesday, the White House announced that Trump and first lady Melania Trump will visit the same day to “express the support of the American people and to grieve with the Pittsburgh community” over the 11 congregants killed Saturday in the deadliest attack on Jews in U.S. history. Some Pittsburghers urged Trump to stay away. “His language has encouraged hatred and fear of immigrants, which is part of the reason why these people were killed,” said Marianne Novy, 73, a retired college English professor who lives in the city’s Squirrel Hill section, the historic Jewish neighborhood where the attack at the Tree of Life synagogue took place. Meanwhile, the alleged gunman, 46-year-old truck driver Robert Gregory Bowers, was released from the hospital where he was treated for wounds suffered in a gun battle with police. Hours later he was wheeled into a downtown federal courtroom in handcuffs to face charges. A judge ordered him held without bail for a preliminary hearing on Thursday, when prosecutors will outline their case. He did not enter a plea. During the brief proceeding, Bowers talked with two court-appointed lawyers and said little more than “Yes” in a soft voice a few times in response to routine questions from the judge. Courtroom deputies freed one of his cuffed hands so he could sign paperwork.

Indian court seeks pricing of Rafale jet deal with France

India's top court on Wednesday ordered the government to provide pricing details of 36 Rafale fighter jets it is buying from France. The court said the government must bring details of the decision-making process of the deal into the public domain, except those that are confidential and have strategic importance. The court said those can be provided in a "sealed cover" within 10 days. The deal has become a major political issue with the leader of the main opposition Indian National Congress party, Rahul Gandhi, accusing Prime Minister Narendra Modi's government of buying the aircraft at nearly three times the price being negotiated when his party was in power before Modi became prime minister in 2014. The government has refuted the claim, but says a secrecy clause governs the deal's pricing. It hasn't even informed Parliament about the cost of the 36 planes. The court was hearing petitions by former ministers Arun Shourie and Yashwant Sinha and some others who demanded a court-monitored probe by a federal investigating agency in the deal. Gandhi also accused Modi's government of favoring the company owned by industrialist Anil Ambani, Reliance Group, when choosing an Indian partner for Dassault. India's government has denied any wrongdoing. Dassault Aviation recently said that it "has freely chosen to make a partnership with India's Reliance Group." The French company said that it had committed to side deals in India worth 50 percent of the value of the jet purchases. In order to deliver those side deals, it had decided to create a joint venture with Reliance Group. The controversy has intensified following comments last month by former French President Francois Hollande — who was in charge when the deal was signed in 2016 — suggesting France had no say in selecting the Indian company.

10/20/2018

Sessions criticizes court order on deposition in census case

Attorney General Jeff Sessions on Monday criticized a court order that allows for the questioning of Commerce Secretary Wilbur Ross on how a citizenship question came to be added to the 2020 census. The court's actions, the attorney general said in a speech to the conservative Heritage Foundation, represent an improper attempt "to hold a trial over the inner-workings of a Cabinet secretary's mind." With his remarks, Sessions waded into a simmering legal dispute that may ultimately be resolved by the Supreme Court, which solidified its conservative majority with the recent addition of Justice Brett Kavanaugh. The conflict centers on a judge's order that Ross may be deposed by lawyers challenging whether a question on citizenship legally can be included on the census. Plaintiffs in two lawsuits, including more than a dozen states and big cities, have sued, saying the question will discourage immigrants from participating in the census. The judge, Jesse M. Furman, has said Ross can be questioned about how the citizenship inquiry was added to the census because he was "personally and directly involved in the decision, and the unusual process leading to it, to an unusual degree." A New York-based federal appeals court backed Furman's ruling last week, but Supreme Court Justice Ruth Bader Ginsburg issued a temporary stay.

Arkansas Supreme Court disqualifies term limits proposal

The Arkansas Supreme Court on Friday ordered election officials to not count votes cast for a ballot measure that would have imposed the strictest term limits in the country on state legislators. In a 4-3 ruling disqualifying the proposed initiative, the court said that thousands of signatures submitted by supporters were invalid and should not have been counted. The court did not rule on part of the lawsuit challenging the wording of the proposed amendment. The court agreed with a special judge it had appointed to review the petitions who said thousands of signatures should be tossed out for not complying with requirements for paid signature-gatherers. "Not only did Issue 3's supporters fail to properly collect the signatures required by law, but the measure would have stuck Arkansans with the most restrictive term limits in our country - a step in the wrong direction," Randy Zook, president of the state Chamber of Commerce and the head of the campaign against the measure, said. An attorney for Term Limits Arkansas, the group backing the measure, said the court relied on "hyper technical paperwork violations" to invalidate the signatures.

10/03/2018

Supreme Court could limit execution of people with dementia

The Supreme Court appeared willing Tuesday to extend protection from capital punishment to people with dementia who can't recall their crime or understand the circumstances of their execution. The eight justices heard arguments in the case of Alabama death row inmate Vernon Madison, who killed a police officer in 1985 but has suffered strokes that his lawyers say have left him with severe dementia. The high court has previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed. A ruling for Madison probably would mean a new hearing in state court over whether his condition renders him ineligible for execution. Chief Justice John Roberts and the court's four liberal justices seemed most willing to rule for Madison. The other three justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, are unlikely to side with Madison because they voted to allow his execution to proceed when their colleagues blocked it in January, setting up the current case. In a reflection of the changed dynamics on the court, Roberts' vote would appear to be decisive since a 4-4 split would leave in place a state court ruling against Madison and allow Alabama to try again to execute him. The high court is down one justice, following Anthony Kennedy's retirement in July and a delay in a vote to confirm Brett Kavanaugh so that the FBI can investigate allegations against him of sexual misconduct.

High court denies review of Grand Canyon-area mining ban

The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry. The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies. The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place. "Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.