5/17/2024

TikTok content creators sue the US government over potential ban

Eight TikTok content creators sued the U.S. government on Tuesday, issuing another challenge to the new federal law that would ban the popular social media platform nationwide if its China-based parent company doesn’t sell its stakes within a year. Attorneys for the creators argue in the lawsuit that the law violates users’ First Amendment rights to free speech, echoing arguments made by TikTok in a separate lawsuit filed by the company last week. The legal challenge could end up before the Supreme Court. The complaint filed Tuesday comes from a diverse set of content creators, including a Texas-based rancher who has previously appeared in a TikTok commercial, a creator in Arizona who uses TikTok to show his daily life and spread awareness about LGBTQ issues, as well as a business owner who sells skincare products on TikTok Shop, the e-commerce arm of the platform. The lawsuit says the creators “rely on TikTok to express themselves, learn, advocate for causes, share opinions, create communities, and even make a living.” “They have found their voices, amassed significant audiences, made new friends, and encountered new and different ways of thinking — all because of TikTok’s novel way of hosting, curating, and disseminating speech,” it added, arguing the new law would deprive them and the rest of the country “of this distinctive means of expression and communication.” A spokesperson for TikTok said the company was covering the legal costs for the lawsuit, which was filed in a Washington appeals court. It is being led by the same law firm that represented creators who challenged Montana’s statewide ban on the platform last year. In November, a judge blocked that law from going into effect. The Department of Justice said that the legislation that could ban TikTok “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations. We look forward to defending the legislation in court.” The federal law comes at a time of intense strategic rivalry between the U.S. and China on a host of issues and as the two butt heads over sensitive geopolitical topics like China’s support for Russia in its invasion of Ukraine. U.S. lawmakers and administration officials have aired concerns about how well TikTok can protect users’ data from Chinese authorities and have argued its algorithm could be used to spread pro-China propaganda, which TikTok disputes. Under the law, TikTok’s parent company ByteDance would be required to sell the platform to an approved buyer within nine months. If a sale is in progress, the company will get a three-month extension to complete the deal.

5/06/2024

Trump faces prospect of additional sanctions for violating gag order

Jurors in the hush money trial of Donald Trump heard a recording Thursday of him discussing with his then-lawyer and personal fixer a plan to purchase the silence of a Playboy model who has said she had an affair with the former president. A visibly irritated Trump leaned forward at the defense table, and jurors appeared riveted as prosecutors played the September 2016 recording that attorney Michael Cohen secretly made of himself briefing his celebrity client on a plan to buy Karen McDougal’s story of an extramarital relationship. Though the recording surfaced years ago, it is perhaps the most colorful piece of evidence presented to jurors so far to connect Trump to the hush money payments at the center of his criminal trial in Manhattan. It followed hours of testimony from a lawyer who negotiated the deal for McDougal’s silence and admitted to being stunned that his hidden-hand efforts might have contributed to Trump’s White House victory. “What have we done?” attorney Keith Davidson texted the then-editor of the National Enquirer, which had buried stories of sexual encounters to prevent them surfacing in the final days of the bitterly contested presidential race. “Oh my god,” came the response from Dylan Howard. “There was an understanding that our efforts may have in some way...our activities may have in some way assisted the presidential campaign of Donald Trump,” Davidson told jurors, though he acknowledged under cross-examination that he dealt directly with Cohen and never Trump. The testimony from Davidson was designed to directly connect the hush money payments to Trump’s presidential ambitions and to bolster prosecutors’ argument that the case is about interference in the 2016 election rather than simply sex and money. Manhattan District Attorney Alvin Bragg has sought to establish that link not just to secure a conviction but also to persuade the public of the significance of the case, which may be the only one of four Trump prosecutions to reach trial this year. “This is sort of gallows humor. It was on election night as the results were coming in,” Davidson explained. “There was sort of surprise amongst the broadcasters and others that Mr. Trump was leading in the polls, and there was a growing sense that folks were about ready to call the election.” Davidson is seen as a vital building block for the prosecution’s case that Trump and his allies schemed to bury unflattering stories in the run-up to the 2016 presidential election. He represented both McDougal and porn actor Stormy Daniels in negotiations that resulted in the purchase of rights to their claims of sexual encounters with Trump and those stories getting squelched, a tabloid industry practice known as “catch-and-kill.” Davidson is one of multiple key players testifying in advance of Cohen, the star prosecution witness who paid Daniels $130,000 for her silence and also recorded himself, weeks before the election, telling Trump about a plan to purchase the rights to McDougal’s story from the National Enquirer so it would never come out. The tabloid had previously bought McDougal’s story to bury it on Trump’s behalf. At one point in the recording, Cohen revealed that he had spoken to then-Trump Organization Chief Financial Officer Allen Weisselberg about “how to set the whole thing up with funding.” To which Trump can be heard responding: “What do we got to pay for this? One-fifty?” Trump can be heard suggesting that the payment be made with cash, prompting Cohen to object by saying “no” multiple times. Trump can then be heard saying “check” before the recording cuts off. Trump’s lawyers sought earlier in the day to blunt the potential harm of Davidson’s testimony by getting him to acknowledge that he never had any interactions with Trump — only Cohen. In fact, Davidson said, he had never been in the same room as Trump until his testimony. He also said he was unfamiliar with the Trump Organization’s record-keeping practices and that any impressions he had of Trump himself came through others.

5/01/2024

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4/22/2024

Supreme Court will weigh banning homeless people from sleeping outside

The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment. The case is considered the most significant to come before the high court in decades on homelessness, which has reached record levels in the United States. In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking. A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions. But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse as the cost of housing increases. Dozens of demonstrators gathered outside the court Monday morning with silver thermal blankets and signs like “housing not handcuffs.” The Justice Department has also weighed in. It argues people shouldn’t be punished just for sleeping outside, but only if there’s a determination they truly have nowhere else to go. The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated. The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals, which also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population. The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data. The court is expected to decide the case by the end of June.

4/12/2024

Top Europe rights court condemns Switzerland in landmark climate ruling

Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent. The European Court of Human Rights rejected two other, similar cases on procedural grounds — a high-profile one brought by Portuguese young people and another by a French mayor that sought to force governments to reduce greenhouse gas emissions. But the Swiss case, nonetheless, sets a legal precedent in the Council of Europe’s 46 member states against which future lawsuits will be judged. “This is a turning point,” said Corina Heri, an expert in climate change litigation at the University of Zurich. Although activists have had success with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change — and the first decision confirming that countries have an obligation to protect people from its effects, according to Heri. She said it would open the door to more legal challenges in the countries that are members of the Council of Europe, which includes the 27 EU nations as well as many others from Britain to Turkey. The Swiss ruling softened the blow for those who lost Tuesday. “The most important thing is that the court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “Their win is a win for us, too, and a win for everyone!” The court — which is unrelated to the European Union — ruled that Switzerland “had failed to comply with its duties” to combat climate change and meet emissions targets.

4/08/2024

Mexico breaks diplomatic ties with Ecuador after embassy raid

The Mexican president has quickly moved to break off diplomatic ties with Ecuador after police broke into the Mexican Embassy to arrest a former vice president who had sought political asylum there after being indicted on corruption charges. In an extraordinarily unusual move, Ecuadorian police forced their way into the embassy in the capital, Quito, to arrest Jorge Glas, who had been residing there since December. Police broke through the external doors of the Mexican diplomatic headquarters in the Ecuadorian capital and entered the main patio to get Glas. On Saturday, he was taken from the attorney general’s office to a detention facility in an armored vehicle followed by a convoy of military and police vehicles. People who had gathered outside the prosecutor’s office yelled “strength” as the vehicles began to move. The raid prompted Mexico’s President Andrés Manuel López Obrador to announce the break of diplomatic relations with Ecuador Friday evening. Glas has been convicted on bribery and corruption charges. Ecuadorian authorities are still investigating more allegations against him. “This is not possible. It cannot be. This is crazy,” Roberto Canseco, head of the Mexican consular section in Quito, told local press while standing outside the embassy. “I am very worried because they could kill him. There is no basis to do this. This is totally outside the norm.” Defending its decision, Ecuador’s presidency said in a statement: “Ecuador is a sovereign nation and we are not going to allow any criminal to stay free.” López Obrador fired back, calling Glas’ detention an “authoritarian act” and “a flagrant violation of international law and the sovereignty of Mexico.” Alicia Bárcena, Mexico’s secretary of foreign relations, posted on the social platform X that a number of diplomats suffered injuries during the break-in, adding that it violated the Vienna Convention on Diplomatic Relations. Diplomatic premises are considered “inviolable” under the Vienna treaties and local law enforcement agencies are not allowed to enter without the permission of the ambassador. WikiLeaks founder Julian Assange lived inside the Ecuadorian Embassy in London for seven years because British police could not enter to arrest him. Bárcena said that Mexico would take the case to the International Court of Justice “to denounce Ecuador’s responsibility for violations of international law.” She also said Mexican diplomats were only waiting for the Ecuadorian government to offer the necessary guarantees for their return home. Ecuador’s Foreign Ministry and Ecuador’s Ministry of the Interior did not immediately respond to a request for comment.

3/31/2024

Court to hear actor Smollett appeal of conviction for staging racist attack

The Illinois Supreme Court will hear an appeal of actor Jussie Smollett’s disorderly conduct conviction for staging a racist and homophobic attack against himself in 2019, then lying to Chicago police about it. The court on Wednesday accepted the appeal from Smollett, formerly a cast member of the television drama “Empire.” It will review a December state appellate court ruling that upheld his 2021 conviction by a Cook County jury. The case kicked up an international uproar and produced an intensive manhunt by Chicago police detectives. There is no date set for the high court to hear arguments in the matter. A special prosecutor refiled charges against Smollett after Cook County State’s Attorney Kim Foxx dropped the case and Smollett forfeited his $10,000 bond and conducted community service, which Smollett argues ended the case. In a 2-1 decision, the state’s First District Appellate Court dismissed those claims, declaring that no one promised Smollett he wouldn’t face a fresh prosecution after accepting the original deal. Justice Freddrenna Lyle dissented, calling the refiled charges “fundamentally unfair.” His attorneys have argued that Smollett, who is Black and gay, has been victimized by a racist and politicized justice system. Smollett was found guilty of five counts of disorderly conduct for setting up the attack in which he claimed two men assaulted him on a Chicago street. He claimed they spouted slurs and an oath about being in “MAGA country” — an apparent reference to former President Donald Trump’s rallying credo — before tossing a noose around his neck. Testimony at his trial indicated Smollett paid $3,500 to two men whom he knew from “Empire,” which was filmed in Chicago, to carry out the attack. But Smollett took the stand and told the jury, “There was no hoax.” He was sentenced to 150 days in jail — six of which he served before he was freed pending appeal — 30 months of probation and ordered to pay $130,160 in restitution.

3/26/2024

Former Georgia insurance commissioner John Oxendine pleads guilty

A former Georgia insurance commissioner who made a failed Republican run for governor has pleaded guilty to conspiring to commit health care fraud. John W. Oxendine of Johns Creek entered the guilty plea Friday in federal court in Atlanta. The 61-year-old had been indicted in May 2022 on charges of conspiracy to commit health care fraud and conspiracy to commit money laundering. The crime is punishable by up to 10 years in prison, but Oxendine is likely to be sentenced to less. Federal sentencing guidelines discussed in the plea agreement suggest prosecutors will recommend Oxendine be imprisoned between 4 years, 3 months, and 5 years, 3 months, depending on what U.S. District Judge Steve Jones decides at a sentencing hearing set for July 12. Jones could also fine Oxendine and order him to serve supervised release. Oxendine also agreed to pay nearly $700,000 in restitution to health insurers who lost money in the scheme, the plea document states. Prosecutors agreed to dismiss the money laundering charge as part of the plea. “John Oxendine, as the former statewide insurance commissioner, knew the importance of honest dealings between doctors and insurance companies,” U.S. Attorney Ryan K. Buchanan said in a statement. “But for personal profit he willfully conspired with a physician to order hundreds of unnecessary lab tests, costing hundreds of thousands of dollars.” Prosecutors say Oxendine conspired with Dr. Jeffrey Gallups to pressure other physicians who practiced with Gallups to order unnecessary medical tests from Next Health, a lab in Texas. Prosecutors said Oxendine pushed the plan in a September 2015 presentation to doctors who worked for Gallups’ practice. The lab company, Oxendine and Gallups agreed the company would pay Gallups a kickback of 50% of the profit on the tests, Oxendine’s indictment said. Next Health paid $260,000 in kickbacks through Oxendine’s insurance consulting company, prosecutors said. Oxendine paid a $150,000 charitable contribution and $70,000 in attorney’s fees on Gallups,’ behalf, prosecutors said, keeping $40,000 for himself. Some patients were also charged, getting bills of up to $18,000 for the tests, prosecutors said. Prosecutors said Oxendine told Gallups to lie and say the payments from Oxendine were loans when a compliance officer at Gallups’ company asked about them. Oxendine told Gallups to repeat the same lie when questioned by federal agents, prosecutors said. And they said Oxendine falsely said he didn’t work with the lab company or get money from Next Health when interviewed by The Atlanta Journal-Constitution.

3/18/2024

A Supreme Court ruling in a social media case could set standards

In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security. The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue. The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express. The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms. “It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online. The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.” The companies themselves are not involved in the case. Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.

3/09/2024

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3/07/2024

Hong Kong court affirms landmark sedition conviction for pro-democracy activist

Criticizing laws or chanting anti-government slogans can be enough to jail someone for sedition in Hong Kong, an appeal court ruled Thursday in a landmark case brought under a colonial-era law increasingly used to crush dissent. Tam Tak-chi, the first person tried under the city’s sedition law since Hong Kong returned to Chinese rule in 1997. Tam’s lawyers had argued his conviction should be overturned because the prosecution did not show he meant to incite violence. The prosecution is widely seen as part of Beijing’s clampdown on dissent in the former British colony, following widespread anti-government protests in 2019. Hong Kong court affirms landmark sedition conviction for pro-democracy activist Tam was convicted on 11 charges in 2022, including seven counts of “uttering seditious words.” A judge at the lower court took issue with him chanting the popular protest slogan “Liberate Hong Kong, revolution of our times” — words the government says imply separatism — and criticizing the Beijing-imposed National Security Law during a primary campaign. The judge said his words broke the law because they incited discontent against Hong Kong and disobedience to the law. Tam and his lawyers had drawn hope from a ruling made by a top Commonwealth court in a 2023 case about a similar law. In that case, the London-based Privy Council said that the sedition law in Trinidad and Tobago could not be used to convict people unless they intended to incite violence or disorder. The Privy Council is the court of final appeal for a number of Commonwealth countries. But the Hong Kong court rejected the argument, finding that the Privy Council ruling only applied to the law in Trinidad and Tobago. Judge Jeremy Poon said sedition in Hong Kong is a statutory offense, not a common law offense. He added that law’s legislative history made it clear that an intention to incite violence is not a necessary element of most sedition offenses. “Nothing suggests that any individual, including the applicant, a politician and activist highly critical of the government and a stern opponent of government policy, would be subject to an unacceptably harsh burden because of the restriction on seditious acts or speeches imposed by the offense,” the ruling said.

2/28/2024

Prince Harry loses a court challenge over being stripped of a UK security detail

Prince Harry ‘s fight for publicly funded protection was rejected Wednesday by a London judge who said the U.K. government didn’t act irrationally when it stripped him of security privileges after he quit working as a member of the royal family and moved to the United States. Harry plans to appeal the decision. High Court Judge Peter Lane said the February 2020 decision to provide “bespoke” security to the Duke of Sussex on an as-needed basis wasn’t unlawful, irrational or unjustified. “Insofar as the case-by-case approach may otherwise have caused difficulties, they have not been shown to be such as to overcome the high hurdle so as to render the decision-making irrational,” Lane wrote in the 51-page ruling that was censored throughout to protect identities and security arrangements for Harry and other public figures. Harry said he planned to appeal the ruling and keep challenging the decision made by the group known by the acronym of its former name, the Royal and VIP Executive Committee, or RAVEC, a spokesperson said. “The duke is not asking for preferential treatment, but for a fair and lawful application of RAVEC’s own rules, ensuring that he receives the same consideration as others in accordance with RAVEC’s own written policy,” the spokesperson said in a statement. Harry claimed in the lawsuit that he and his family were endangered when visiting the U.K. because of hostility toward him and his wife Meghan, Duchess of Sussex, on social media and relentless hounding by news media. His lawyer argued that RAVEC, which is made up of members of the royal family staff, the Metropolitan Police and several government offices, acted irrationally and failed to follow its own policies that should have required a risk analysis of the duke’s safety. A government lawyer said Harry had been treated fairly and was still provided protection on some visits, citing a security detail that guarded him in June 2021 when he was chased by photographers after attending an event with seriously ill children at Kew Gardens in west London.

2/21/2024

Executive is convicted of insider trading related to medical device firm acquisition

An executive at a medical device company has been convicted in Minnesota of insider trading for a scheme involving negotiations for the acquisition of the firm that was valued at $1.6 billion, federal prosecutors said Tuesday. Doron Tavlin was a vice president for business development at the Minneapolis office of Mazor Robotics in 2018 when he learned that the company could be purchased by Israeli-based Medtronic, Inc., according to a statement from the U.S. Attorney’s Office. Tavlin illegally told a friend, Afshin Farahan, who bought more than $1 million worth of Mazor stock in the anticipation that the value would increase, prosecutors said. Mazor specializes in robotics for spinal procedures. “The morning after the acquisition was announced, Farahan immediately sold all the stock he had purchased over the preceding weeks, which resulted in a combined profit of over $500,000 for himself and one other individual,” the statement said. According to evidence presented at trial, the conspiracy included an agreement that Farahan would pay money to Tavlin in exchange for the nonpublic information about the acquisition. Last week, a federal jury convicted Tavlin, 68, of one count of conspiracy to commit insider trading and 10 counts of securities fraud and aiding and abetting securities fraud. Farahan, 57, pleaded guilty in August 2022 to one count of conspiracy to engage in insider trading. Sentencing hearings for both defendants were not immediately scheduled. Another defendant was found not guilty of conspiracy to commit insider trading and securities fraud, prosecutors said.

2/14/2024

North Carolina voter ID trial rescheduled again for spring in federal court

A federal lawsuit filed over five years ago challenging North Carolina's new photo voter identification mandate is now set to go to trial in the spring, with an outcome that could possibly affect what people must do to cast ballots this fall. The U.S. District Court in Winston-Salem announced on Monday that Judge Loretta Biggs will convene the nonjury trial starting May 6 over the law, which was implemented just last fall. While the state's photo ID requirement remains in place for the March 5 primary elections, a spring or summer ruling after the trial by Biggs to strike down the law could threaten its use in the November general election in the nation's ninth-largest state. North Carolina will have races for governor, attorney general and many other statewide races on the fall ballots. Courts, however, can be cautious about changing voting rules close to an election to avoid confusion. The May date is about three months later than the date that lawyers for the state NAACP and several local chapters had requested several months ago. They sued over the 2018 law claiming it is marred by racial bias. Attorneys for Republican legislative leaders defending the law had told Biggs in writing that the trial schedule sought by the NAACP groups was deficient. They also said it allowed no opportunity for the judge to dismiss the case on arguments before going to a formal trial. Biggs held a hearing in November about the trial date and whether the State Board of Elections should be required to provide more public records to the plaintiffs about how voter ID has been implemented since last year. In a separate order Monday, Biggs sent the plaintiff’s request to a magistrate judge to recommend a decision to her. That recommendation can be challenged. After a state Supreme Court ruling last April upholding the 2018 law as legal, the photo ID mandate was carried out in mostly municipal elections in September, October and November. The trial date order doesn't estimate how long the trial will last. But it sets aside three weeks after the trial for the sides to file more papers. The federal lawsuit alleges that the ID law violates the Voting Rights Act by discriminating disproportionately against Black and Latino voters to comply with the requirement. Republican lawmakers disagree and say the law builds public confidence in elections. They also point in part to a broader array of exceptions for people lacking an ID to still cast ballots when compared to an earlier voter ID law. Previous trial dates for 2021 and 2022 were postponed. Biggs delayed one start date while the U.S. Supreme Court weighed her earlier refusal to allow GOP lawmakers to intervene in the case and defend the law in court. The U.S. justices sided with the legislative leaders in June 2022. Biggs lifted her stay on action in the case last summer a few months after the state Supreme Court determined the mandate comported with state constitution. In late 2019, Biggs issued a preliminary injunction blocking the 2018 voter ID law, saying it was tainted by racial bias largely because a previous voter ID law approved by legislators in 2013 had been struck down on similar grounds. The 2013 law was implemented briefly in 2016.

2/08/2024

Nevada Supreme Court sides with AP in Wynn defamation suit

The Nevada Supreme Court on Thursday dismissed a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press over a story about two women’s accounts to police alleging he engaged in sexual misconduct. The court cited state anti-SLAPP law in rejecting Wynn’s claim that he was defamed in the February 2018 AP article, which cited police documents. SLAPP, or strategic lawsuits against public participation, refers to court filings made to intimidate or silence critics. “Nevada’s anti-SLAPP statutes were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest,” the three-justice panel said in a unanimous opinion. Wynn had argued that the documents failed to fully describe elements of a woman’s account that would have cast doubt on her allegation that he raped her in the 1970s in Chicago and that she gave birth to their daughter in a gas station restroom. Lauren Easton, AP vice president of corporate communications said in a statement that the news organization is pleased with the ruling. “We believe the Nevada Supreme Court made the right decision,” Easton said. Attorney Todd Bice, representing Wynn, said he was “surprised that the Court would change Nevada law and disregard the Nevada Legislature in order to extend legal protections to a news report that was determined to be false.” He said Wynn’s legal team now is “considering all options.” Wynn, the 82-year-old developer of a decadeslong casino empire, filed the lawsuit in April 2018 against AP, one of its reporters and Halina Kuta, the woman who made the claim. Two months earlier he had resigned as chairman and chief executive of Wynn Resorts. Wynn has consistently denied sexual misconduct allegations, which were first reported in January 2018 by the Wall Street Journal. The case went to the state high court twice, after Clark County District Court Judge Ronald Israel first dismissed AP from the case in August 2018 on the grounds that it “fairly reported” information based on an official document, a police complaint by Kuta, even though authorities never investigated the allegation. Las Vegas police said too much time had elapsed since Kuta said the events occurred in 1973 or 1974. Neither accuser was identified in the AP report. Their names and other identifying information were blacked out in documents obtained by AP under a public records request. Las Vegas police refused to provide additional details.

Republicans urge state Supreme Court to reject redistricting report’s findings

Wisconsin Republicans urged the state Supreme Court on Thursday to ignore a report from redistricting consultants that determined GOP-proposed legislative maps were unconstitutional partisan gerrymanders. While Republicans argue that the consultants’ findings are unsound, Democrats asked the court on Thursday to adopt one of their maps that the consultants found were “nearly indistinguishable.” The stakes are huge in battleground Wisconsin, where Republicans have held a firm grip on control of the Legislature even as Democrats have notched significant statewide wins. Four of the past six presidential elections have been decided by less than a percentage point, while Republicans have increased their majorities under the maps they first drew in 2011 to 22-10 in the Senate and 65-34 in the Assembly. The liberal-controlled Wisconsin Supreme Court ruled in December that the current Republican-drawn legislative maps were unconstitutional because not all the districts were contiguous. The court ordered the parties involved in the lawsuit to submit new maps that a pair of consultants then reviewed. With the report and responses now in hand, the court is poised to rule within days or weeks on what the new maps should look like, unless the Republican-controlled Legislature passes maps that Democratic Gov. Tony Evers signs into law first. Republicans are talking about passing the maps that Evers proposed, which the governor indicated on Wednesday he would sign. Evers last week vetoed maps the Legislature passed that were based on his proposal but made changes to protect Republican incumbents. Republican Assembly Majority Leader Tyler August said Thursday there have been discussions with Senate Republicans about passing the Evers maps with no changes. While those talks continue, the Supreme Court accepted responses Thursday from Republicans and Democrats to the consultants’ report. The court and Legislature are facing a March 15 deadline to enact new lines. That is the latest that maps can be in place in order for current filing deadlines for the fall election to be met, according to the Wisconsin Elections Commission. Attorneys for the Legislature argued in their court filing Thursday that the consultants’ report was about finding a political remedy to redistricting, not addressing the continuity issue. “There is no judicial power, only political will, to impose any of the Democrats’ sweeping redraws as a judicial remedy,” the Legislature argued. The Legislature also hints at an appeal to the U.S. Supreme Court, saying that moving millions of voters from one legislative district to another as the Democratic map proposals would do “raises serious federal constitutional questions.” The conservative Wisconsin Institute for Law & Liberty made a similar argument, saying adopting the reasoning of the consultants in rejecting it and the Legislature’s maps “would be an egregious due process violation.” Republicans have also argued that liberal Justice Janet Protasiewicz should not have heard the case, given that she called the current Republican maps “rigged” and “unfair” during the campaign and accepted about $10 million in donations from Democrats. She was part of the 4-3 majority that voted to toss the Republican maps.

1/28/2024

Donald Trump must pay an additional $83.3 million to E. Jean Carroll

A jury awarded $83.3 million to E. Jean Carroll on Friday in a stinging and expensive rebuke to former President Donald Trump for his continued social media attacks against the longtime advice columnist over her claims that he sexually assaulted her in a Manhattan department store. The award, coupled with a $5 million sexual assault and defamation verdict last year from another jury in a case brought by Carroll, raised to $88.3 million what Trump must pay her. Protesting vigorously, he said he would appeal. Carroll, 80, clutched her lawyers’ hands and smiled as the seven-man, two-woman anonymous jury delivered its verdict. Minutes later, she shared a weepy three-way hug with her attorneys. She declined comment as she left the Manhattan federal courthouse, but issued a statement later through a publicist, saying, “This is a great victory for every woman who stands up when she’s been knocked down, and a huge defeat for every bully who has tried to keep a woman down.” Trump had attended the trial earlier in the day, but stormed out of the courtroom during closing arguments by Carroll’s attorney. He returned for his own attorney’s closing argument and for a portion of the deliberations, but left the courthouse a half hour before the verdict was read. “Absolutely ridiculous!” he said in a statement shortly afterward. “Our Legal System is out of control, and being used as a Political Weapon.” His attorney, Alina Habba, said the verdict resulted because Trump’s opponents were suing “in states where they know they will get juries like this.” “It will not deter us. We will keep fighting. And, I assure you, we didn’t win today, but we will win,” she said. The trial reached its conclusion as Trump marches toward winning the Republican presidential nomination a third consecutive time. He has sought to turn his various trials and legal vulnerabilities into an advantage, portraying them as evidence of a weaponized political system. Though there’s no evidence that President Joe Biden or anyone in the White House has influenced any of the legal cases against him, Trump’s line of argument has resonated with his most loyal supporters, who view the proceedings with skepticism. Nikki Haley, his last major rival in the Republican primaries, said on social media Friday that the verdict meant that people were “talking about $83 million in damages” rather than fixing the border or inflation. With the Carroll civil case behind him, Trump still faces 91 criminal charges in four indictments accusing him of trying to overturn the 2020 presidential election, mishandling classified documents and arranging payoffs to a porn star.

1/20/2024

Illinois high court hands lawmakers a rare pension-overhaul victory

The Illinois Supreme Court on Friday endorsed the consolidation of local police and firefighter pension systems, a rare victory in a yearslong battle to find an answer to the state’s besieged retirement accounts. The court’s unanimous opinion rejected claims by three dozen working and retired police officers and firefighters from across the state that the merger of 649 separate systems into two statewide accounts violated the state constitution’s guarantee that benefits “shall not be diminished or impaired.” For years, that phrase has flummoxed governors and legislatures trying to cut their way past decades of underfunding the retirement programs. Statewide pension systems covering teachers, university employees, state employees, judges and those working for the General Assembly are $141 billion shy of what’s been promised those current and retired workers. In 2015, the Supreme Court overturned lawmakers’ money-saving overhaul approved two years earlier. Friday’s ruling, which does not affect pension programs in Cook County, which includes Chicago, deals with a law Gov. J.B. Pritzker signed in late 2019 intended to boost investment power and cut administrative spending for hundreds of municipal funds. The Democratic governor celebrated the unusually good pension news. “We ushered in a new era of responsible fiscal management, one aspect of which has been consolidating over 600 local pension systems to increase returns and lower fees, reducing the burden on taxpayers,” Pritzker said in a statement. It would appear to be working. As of 2021, the new statewide accounts together had a funding gap of $12.83 billion; a year later, it stood at $10.42 billion, a decline of 18.7%. Additionally, data from the Firefighters’ Pension Investment Fund shows that through June 2023, the statewide fund had increased return value of $40.4 million while saving, through June 2022, $34 million in investment fees and expenses. But 36 active and former first responders filed a lawsuit, claiming that the statewide arrangement had usurped control of their retirement benefits. They complained the law violated the pension-protection clause because they could no longer exclusively manage their investments, they no longer had a vote on who invested their money and what risks they were willing to take, and that the local funds had to pay for transitioning to the statewide program. The court decreed that none of those issues concerned a benefit that was impaired. Beyond money, the pension-protection law only covers a member’s ability to continue participating or to increase service credits.

1/11/2024

More women join challenge to Tennessee’s abortion ban law

More women on Monday joined a Tennessee lawsuit challenging the state’s broad abortion ban that went into effect shortly after the U.S. Supreme Court overturned Roe v. Wade in 2022. The legal challenge is part of a handful of lawsuits filed across the U.S. in Republican-dominant states seeking clarity on the circumstances that qualify patients to legally receive an abortion. Here is the latest on what’s going on in Tennessee and where many of the lawsuits stand. On Monday, four more women joined the legal battle in Tennessee that first was filed in September— bringing the total of plaintiffs suing over the state’s abortion ban to nine, including two doctors. Three of the women added Monday were denied abortions while experiencing severe pregnancy complications, forcing them to travel out of state to get the procedure. Among the new plaintiffs is Rebecca Milner, who learned she was pregnant with her first child in February 2023 after several years of unsuccessful fertility treatments. According to court documents, Milner was told at a 20-week appointment that the amniotic fluid surrounding her baby was low. A specialist later said that her water had broken likely several weeks before and that nothing could be done to save the baby. However, her doctor said that Tennessee’s abortion ban prohibited abortion services in her situation. That’s because the ban only explicitly lists ectopic pregnancies and miscarriages as legally allowed exemptions. While the law also allows doctors to use “reasonable medical judgment” when determining if an abortion is necessary to prevent the death of a pregnant patient or to prevent irreversible, severe impairment of a major bodily function, medical experts have criticized this provision as too vague, one that puts doctors at a high legal risk of violating the statute. In Milner’s case, court documents state that she eventually traveled to Virginia for an abortion and returned to Tennessee with a high fever. Doctors told her that she had an infection and that the delay in getting an abortion allowed the infection to worsen.

1/02/2024

Hong Kong activist publisher Lai pleads not guilty to sedition charges

Prominent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong. Lai was arrested during a crackdown on dissidents following huge pro-democracy protests in 2019. He faces possible life imprisonment if convicted under a sweeping national security law imposed by Beijing. The trial is expected to last about 80 days without a jury. The 76-year-old media tycoon who founded the now-defunct Apple Daily newspaper faces one count of conspiring to print seditious publications to incite hatred against the Chinese and Hong Kong governments, as well as two counts of collusion with foreign countries to call for sanctions and other hostile actions against China and Hong Kong. Flanked by three prison officers, Lai formally pleaded not guilty to the charges read to him, shortly after the court rejected a last-ditch attempt by his counsel to throw out a sedition charge. Prosecutor Anthony Chau in his opening statements described Lai as a “radical political figure” and the “mastermind” behind a conspiracy. Chau also said that Lai had used his media platform to advance his political agenda. Clips of interviews that Lai gave to foreign media as well as speeches at events between 2019 and 2020 were also played in court. In the video, Lai called for support from foreign governments and urged U.S. officials as well as then-President Donald Trump to impose “draconian” measures on China and Chinese officials in retaliation for imposing the national security law and restricting freedoms in Hong Kong. His prosecution has drawn criticism from the United States and the United Kingdom. Beijing has called those comments irresponsible, saying they went against international law and the basic norms of international relations.