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.

No holiday respite for Trump's criticism of nation's courts

President Donald Trump and Supreme Court Chief Justice John Roberts are engaging in an extraordinary public dispute over the independence of America's judiciary, with Roberts bluntly rebuking the president for denouncing a judge who rejected Trump's migrant asylum policy as an "Obama judge." Trump, still seething over that Monday ruling, began his Thanksgiving Day by asserting that the courts should defer to his administration and law enforcement on border security because judges "know nothing about it and are making our Country unsafe." And taking aim at a co-equal branch of government, Trump said "Roberts can say what he wants" but the largest of the federal appellate courts, based in San Francisco and with a majority of judges appointed by Democratic presidents, "is a complete & total disaster." That's where an appeal of the asylum ruling would normally go. Roberts had issued a strongly worded statement Wednesday defending judicial independence and contradicting Trump over his claim that judges are partisans allied with the party of the president who nominated them. Never silent for long, Trump responded with a "Sorry Justice Roberts" tweet. The dustup is the first time that Roberts, the Republican-appointed leader of the federal judiciary, has offered even a hint of criticism of Trump, who has several times gone after federal judges who have ruled against him.

Government asks high court to hear transgender military case

The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue. Earlier this month, the administration asked the high court to fast-track cases on the president's decision to end the Deferred Action for Childhood Arrivals program, which shields young immigrants from deportation. Administration officials also recently asked the high court to intervene to stop a trial in a climate change lawsuit and in a lawsuit over the administration's decision to add a question on citizenship to the 2020 census. The 9th U.S. Circuit Court of Appeals, a frequent target of criticism by President Donald Trump, is involved in three of the cases. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy — not one of the issues currently before the Supreme Court — prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary. Joshua Matz, publisher of the liberal Take Care blog, said the timing of the administration's effort to get the Supreme Court involved in the issues at an early stage could hardly be worse for Roberts and other justices who have sought to dispel perceptions that the court is merely a political institution, especially since the confirmation of Justice Brett Kavanaugh. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would almost surely prefer to avoid," Matz said. The Supreme Court almost always waits to get involved in a case until both a trial and appeals court have ruled in it. Often, the justices wait until courts in different areas of the country have weighed in and come to different conclusions about the same legal question. So it's rare for the justices to intervene early as the Trump administration has been pressing them to do. One famous past example is when the Nixon administration went to court to try to prohibit the publication of the Pentagon Papers, the secret history of U.S. involvement in the Vietnam War.

Court fight likely in 10-year-old girl’s homicide case

When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young. The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint. The age at which children get moved to adult court varies by state and can be discretionary in some cases. Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice. Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said. Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin. For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims. Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls. In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.

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.

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.