12/26/2018

Supreme Court rejects Trump plea to enforce asylum ban

A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy. New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes. The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings. Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it. Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.” The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.

12/19/2018

Spanish court gears up for high-stakes trial of separatists

A preliminary hearing in a rebellion case against Catalan separatists Tuesday displayed some of the dynamics between defense and prosecutors expected during a trial that is likely to dominate Spanish politics. Altogether, 18 former politicians and activists from the Catalonia region are charged with rebellion, sedition, disobedience and misuse of public funds for their parts in an attempt to secede from Spain last year. At Tuesday's hearing, a panel of seven magistrates heard from defense attorneys who argued the trial should be heard by the top regional court in Catalonia rather than Spain's highest court in Madrid. Prosecutors countered that Madrid was the proper venue, saying the events that led regional lawmakers to make a unilateral declaration of independence on Oct. 27, 2017 had ramifications outside of Catalonia. The country's top court also has jurisdiction, prosecutors argued, because the secession attempt affected all Spaniards.

12/14/2018

Court: Florida police can use 'stand your ground' law

Florida law enforcement officers can invoke the state's "stand your ground" law to protect them from criminal prosecution in a shooting, the state Supreme Court ruled unanimously Thursday. The court issued its 7-0 decision in the case of Peter Peraza, a Broward County sheriff's deputy charged with manslaughter in the 2013 fatal shooting of a man carrying what turned out to be an air rifle. Peraza's lawyers claimed he was immune from prosecution under the stand your ground law, which permits use of deadly force when a person has a legitimate fear of "imminent death or great bodily harm." The justices agreed with two lower court rulings, which concluded that the law applies to law enforcement officers the same as anyone else. "Simply put, a law enforcement officer is a 'person' whether on duty or off, and irrespective of whether the officer is making an arrest," Justice Alan Lawson wrote for the court. "In common understanding, 'person' refers to a 'human being,' which is not occupation-specific and plainly includes human beings serving as law enforcement officers," he added. Peraza shot 33-year-old Jermaine McBean during a confrontation with deputies at his apartment complex. Several people had called 911 to report a man openly carrying a rifle down a busy street and acting erratically.

Court tosses permit for pipeline to cross Appalachian Trail

A permit for the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail, was thrown out Thursday by a federal appeals court that harshly criticized regulators for approving the proposal. A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond blasted the U.S. Forest Service for granting a special use permit to build the natural gas pipeline through parts of the George Washington and Monongahela National Forests, and granting a right of way across the Appalachian Trail. "A thorough review of the record leads to the necessary conclusion that the Forest Service abdicated its responsibility to preserve national forest resources," Judge Stephanie Thacker wrote for the panel in the unanimous ruling. The court said the agency had "serious environmental concerns" about the project that were "suddenly, and mysteriously, assuaged in time to meet a private pipeline company's deadlines." The ruling also quoted "The Lorax" by Dr. Seuss, saying the Forest Service is trusted to "speak for the trees, for the trees have no tongues." Aaron Ruby, a spokesman for Dominion Energy, the project's lead developer, said the developers "strongly disagree" with the court's ruling and plan to immediately appeal by seeking a hearing before the full 4th Circuit court. "If allowed to stand, this decision will severely harm consumers and do great damage to our economy and energy security," Ruby said in a statement. "Public utilities are depending on this infrastructure to meet the basic energy needs of millions of people and businesses in our region."

12/04/2018

Court could deal blow to porn star, award Trump legal fees

Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim. The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels. Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair. Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man. She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!" U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said. Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.