7/17/2024

Albania’s supreme court leaves ethnic Greek ex-mayor in prison

Albania’s Supreme Court on Friday upheld a verdict of the lower courts keeping a former elected mayor from the country’s Greek minority in prison after he was convicted of buying votes. A Supreme Court statement said that it upheld the verdicts of the court of first instance and the court of appeal which had sentenced Freddie Beleris, 51, to two years in prison. Beleris, who has dual citizenship, is also a member of the European Parliament. He won a Greek seat in the EU legislature in elections last month, representing the governing conservative New Democracy party. Beleris’ office in Athens said Friday that prison authorities have granted him leave for five days to attend the opening session of the new Parliament in Strasbourg on July 16-21. In Albania, prison department spokeswoman Fernanda Cenko said Beleris’ leave request was “still being considered.” European Parliament lawmakers enjoy substantial legal immunity from prosecution, even if the allegations relate to crimes committed prior to their election. In the case of Beleris, that rule is unlikely to affect the outcome, as he is serving time for a crime committed in a non-EU member country. Last year Beleris was elected mayor of Himare, 240 kilometers (150 miles) south of the capital, Tirana. He was arrested two days before the vote, accused of offering 40,000 Albanian leks (360 euro at the time) to buy eight votes. Beleris was never sworn in because he was under arrest and later sentenced to two years imprisonment. Beleris has denied the charges, and Athens has described his detention as politically motivated. After the appeal court verdict, Albanian election authorities stripped Beleris of his post as Himara’s mayor and a new election will be held Aug. 4. Beleris’ case has strained ties between Tirana and Athens, with Greece saying the case could harm Albania’s application to join the European Union. Albania, a candidate country, is in the process of negotiating full membership.

7/07/2024

Giuliani Disbarred in N.Y. for Wrongdoing During Trump’s 2020 Campaign

Rudy Giuliani, the former New York City mayor, federal prosecutor and legal adviser to Donald Trump, was disbarred in New York on Tuesday after a court found he repeatedly made false statements about Trump’s 2020 election loss. The Manhattan appeals court ruled Giuliani, who had his New York law license suspended in 2021 for making false statements around the election, is no longer allowed to practice law in the state, effective immediately. “The seriousness of respondent’s misconduct cannot be overstated,” the decision reads. Giuliani “flagrantly misused” his position and “baselessly attacked and undermined the integrity of this country’s electoral process.” “In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the court wrote. Giuliani said Tuesday that he wasn’t surprised to lose his law license in his hometown, claiming in a post on the social media platform X that the case was “based on an activist complaint, replete with false arguments.” The former mob prosecutor was admitted to the New York bar in 1969, but before pleading Trump’s case in November 2020, Giuliani had not appeared in court as an attorney since 1992, according to court records. A Giuliani spokesperson, Ted Goodman, said the man once dubbed “America’s mayor” will appeal the “objectively flawed” decision by the midlevel state court. He also called on others in the legal community to speak out against the “politically and ideologically corrupted decision.” Giuliani argued in hearings held last October that he believed the claims he was making on behalf of the Trump campaign were true, but the court, in its decision, said it wasn’t convinced. “Contrary to respondent’s allegations, there is nothing on the record before us that would permit the conclusion that respondent lacked knowledge of the falsehood of the numerous statements that he made, and that he had a good faith basis to believe them to be true,” the decision reads. Among other things, the court said it found that Giuliani “falsely and dishonestly” claimed during the 2020 Presidential election that thousands of votes were cast in the names of dead people in Philadelphia, including a ballot in the name of the late boxing great Joe Frazier. He also falsely claimed people were taken from nearby Camden, New Jersey, to vote illegally in the Pennsylvania city, the court said.

6/22/2024

Court upholds a gun control law intended to protect domestic violence victims

The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence. In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law. Chief Justice John Roberts, writing for the court, said the law uses “common sense” and applies only “after a judge determines that an individual poses a credible threat” of physical violence. Justice Clarence Thomas, the author of the major 2022 Bruen ruling in a New York case, dissented. President Joe Biden, who has been critical of previous high-court rulings on guns, abortion and other hot-button issues, praised the outcome. “No one who has been abused should have to worry about their abuser getting a gun,” Biden said in a statement. “As a result of today’s ruling, survivors of domestic violence and their families will still be able to count on critical protections, just as they have for the past three decades.” Last week, the court overturned a Trump-era ban on bump stocks, the rapid-fire gun accessories used in the deadliest mass shooting in modern U.S. history. The court ruled that the Justice Department exceeded its authority in imposing that ban. Friday’s case stemmed directly from the Supreme Court’s Bruen decision in June 2022. A Texas man, Zackey Rahimi, was accused of hitting his girlfriend during an argument in a parking lot and later threatening to shoot her. At arguments in November, some justices voiced concern that a ruling for Rahimi could also jeopardize the background check system that the Biden administration said has stopped more than 75,000 gun sales in the past 25 years based on domestic violence protective orders. The case also had been closely watched for its potential to affect cases in which other gun ownership laws have been called into question, including in the high-profile prosecution of Hunter Biden. Biden’s son was convicted of lying on a form to buy a firearm while he was addicted to drugs. His lawyers have signaled they will appeal. A decision to strike down the domestic violence gun law might have signaled the court’s skepticism of the other laws as well. But Friday’s decision did not suggest that the court would necessarily uphold those law either.

6/19/2024

Ex-Thailand PM Shinawatra indicted for defaming monarchy

Former Thai Prime Minister Thaksin Shinawatra was indicted and arraigned Tuesday on a charge of defaming the country’s monarchy in one of several court cases that have rattled Thai politics. He was granted bail. Thaksin is the unofficial power behind the party leading the government, Pheu Thai, despite being ousted from power in a coup 18 years ago. He reported himself to prosecutors Tuesday morning and was indicted, Prayuth Bejraguna, a spokesperson for the Office of the Attorney General, said at a news conference. Thaksin, 74, voluntarily returned to Thailand last year from self-imposed exile and served virtually all of his sentence on corruption-related charges in a hospital rather than prison on medical grounds. He was granted release on parole in February. Since then, Thaksin has maintained a high profile, traveling the country making public appearances and political observations that could upset the powerful conservative establishment that was behind his 2006 ouster. His removal from power had started a deep political polarization in Thailand. Thaksin’s opponents, who were generally staunch royalists, accused him of corruption, abuse of power and disrespecting then-King Bhumibol Adulyadej, who died in 2016. Prosecution of the long-ago lese majeste case is seen by some analysts as a warning from Thaksin’s enemies that he should tone down his political activities. Thaksin’s lawyer, Winyat Chatmontree, told reporters that Thaksin was ready to enter the judicial process. The Criminal Court, where Thakisin was arraigned after being indicted, said Thaksin’s bail release was approved with a bond of 500,000 baht ($13,000) under the condition that he cannot travel out of Thailand unless approved by court. His passport was confiscated. The law on defaming the monarchy, an offense known as lese majeste, is punishable by three to 15 years in prison. It is among the harshest such laws globally and increasingly has been used in Thailand to punish government critics.

6/11/2024

Justice Alito questions possibility of political compromise in secret recording

Supreme Court Justice Samuel Alito is heard questioning whether compromise between the left and right is possible in a conversation posted on social media. The conservative justice is also heard agreeing with a woman who says the United States should return “to a place of godliness.” The audio was posted Monday on X by liberal filmmaker Lauren Windsor. She said it was recorded at the Supreme Court Historical Society’s annual dinner last week. “One side or the other is going to win,” Alito said. “There can be a way of working, a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised.” Windsor then told Alito: “I think that the solution really is like winning the moral argument. Like, people in this country who believe in God have got to keep fighting for that, to return our country to a place of godliness.” Windsor also spoke with Chief Justice John Roberts, who rejected a similar argument. When Windsor suggested the court should lead the nation on a “Christian” path, Roberts responded, “I don’t know if that’s true.” The court declined to comment on the recordings. Alito has rejected calls to step aside from Supreme Court cases involving former President Donald Trump and Jan. 6 defendants after stories emerged about controversial flags that flew above his homes. In letters to members of Congress, Alito said his wife, Martha-Ann, was responsible for flying both an upside-down flag over their home in 2021 and an “Appeal to Heaven” flag at their New Jersey beach house last year. Both flags were like those carried by rioters who violently stormed the Capitol in January 2021 while echoing Trump’s false claims of election fraud. Martha-Ann Alito spoke to Windsor about her flags on another recording made at the dinner, according to an additional edited recording the filmmaker posted online. She said she wanted to fly a religious flag because “I have to look across the lagoon at the Pride flag for the next month,” an apparent reference to celebratory LGBTQ+ displays during Pride month in June.

6/02/2024

Supreme Court gives homeowners another chance in escrow dispute

The Supreme Court on Thursday gave homeowners another chance to force Bank of America and other large banks to pay interest on mortgage escrow accounts. The court unanimously threw out an appeals court ruling in favor of Bank of America, which has refused to pay interest on money it collects to pay borrowers’ insurance and property tax bills. New York requires banks to pay at 2% interest on escrowed funds. Thirteen other states have similar laws: California, Connecticut, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, Oregon, Rhode Island, Utah, Vermont and Wisconsin. A federal judge initially ruled in favor of the borrowers, but the federal appeals court in New York granted Bank of America’s request to dismiss the suits, arguing that the federal law governing national banks does not permit such state-by-state regulation. Justice Brett Kavanaugh wrote for the Supreme Court that the appeals court did not perform the kind of nuanced analysis required by federal law and prior Supreme Court decisions to determine if a state law must give way to a federal statute. In particular, Kavanaugh noted that the Dodd-Frank Act, enacted after the 2008 financial crisis, made clear that not all state banking laws are pre-empted. Jonathan Taylor, who argued the case for the homeowners, said in an email that the decision is a victory for consumers because it “vindicates Congress’ determination in Dodd-Frank to rein in the kind of aggressive preemption of state consumer-financial laws that helped lead to the financial crisis.” Bank of America did not immediately comment on the decision.

5/29/2024

A Thai court sentences an opposition lawmaker to 2 years in prison

A Thai court on Monday sentenced a lawmaker from a progressive opposition party to two years in prison after finding her guilty of defaming the monarchy in a speech she made during a protest rally three years ago. Chonthicha Jangrew of the Move Forward Party was greeted by several supporters when she arrived at the Thanyaburi Provincial Court in Pathum Thani province, north of Bangkok, with some party colleagues. Chonthicha, popularly known by her nickname “Lookkate,” represents a constituency in Pathum Thani. Her charges stemmed from her speech in 2021 that demanded the release of all political prisoners during a rally in front of the same court that delivered Monday’s sentence. She was found guilty for parts of the speech concerning how the government then led by Prime Minister Prayuth Chan-ocha had amended laws to give King Vajiralongkorn more power to control the palace wealth, which is managed by the Crown Property Bureau. The judge said her speech could misinform the public by suggesting that King Vajiralongkorn can spend taxpayers’ money for his personal use and use his influence to interfere with politics, which could tarnish his reputation. The judge originally sentenced her to three years in prison, but reduced it to two years because of her cooperation in the trial. The law for defaming the monarchy, an offense known as lese majeste, carries a penalty of three to 15 years imprisonment. It is widely referred to as Article 112 from its place in the Criminal Code. Chonthicha was afterwards released on bail of 150,000 baht ($4,100). Had bail not been granted and she been sent directly to prison, she would have immediately been removed from her seat in Parliament. She told reporters that she wasn’t surprised about the verdict as the majority of 112 charges led to convictions.