Friday, August 17, 2018

The Latest: Trump promises 'great' pick for Supreme Court

President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here." Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House. On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees. White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed. Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates. Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.

Thursday, August 16, 2018

Trump closes in on Supreme Court pick; 3 judges top list

President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy. Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly. Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix. With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort. Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned. The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.

Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes

The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes. Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm. Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money. On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans. Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.

Tuesday, July 17, 2018

Lawyers: 2014 arrest at Vegas hotel precursor to killings

Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014. Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting. Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below. Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon. Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.

Wisconsin court to rule on conservative professor's firing

The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage. John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech. Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats. The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.

For new Supreme Court justice, a host of big issues awaits

Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them. Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned. But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court. The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term. Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question. The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.

Wednesday, June 20, 2018

NY high court nixes Trump's bid to delay defamation suit

New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing. The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now. Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth." Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall. Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court. Instead, the Court of Appeals said the case was simply in too early a stage for its consideration. Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice." She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.

USCIS Helps Get Conviction in Asylum Fraud

U.S. Citizenship and Immigration Services (USCIS) played an integral part in yesterday’s sentencing of Ali Vahdani Pour. Pour, a 28 year old national of Iran, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. He had pled guilty to lying under oath in an immigration matter. In the plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in Italy, before seeking asylum in the United States. “Making false staments to support your claim for asylum in the U.S. will not be tolerated,” said USCIS Los Angeles Asylum Director David Radel. The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, USCIS, and the Federal Bureau of Investigation. The prosecution was handled by Assistanct U.S. Attorney Joseph E. Koehler, Special Assitant U.S. Attorney, District of Arizona.Ryan Goldstein

Supreme Court strikes down Minnesota's voter clothing law

The Supreme Court on Thursday struck down a Minnesota law that barred voters in the state from wearing a wide range of political hats, T-shirts and pins to the polls. Minnesota had defended its law as a reasonable restriction that keeps order at polling places and prevents voter intimidation. But the justices ruled 7-2 that the state's law is too broad, violating the free speech clause of the First Amendment. Chief Justice John Roberts wrote that "if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here." Most states have laws restricting what voters can wear when they cast ballots, but Minnesota's law was one of the broadest. It barred voters from casting a ballot while wearing clothing with the name of a candidate or political party. Also not allowed: clothing that references an issue on the ballot or promotes a group with recognizable political views. A National Rifle Association T-shirt or shirt with the text of the Second Amendment wouldn't be allowed, for example, according to the lawyer who argued the case for the state. Roberts noted that Minnesota, like other states, had sought to balance a voter's ability to "engage in political discourse" with the ability to "exercise his civic duty in a setting removed from the clamor and din of electioneering." "While that choice is generally worthy of our respect, Minnesota has not supported its good intentions with a law capable of reasoned application," he wrote. It is unclear exactly how many states the ruling could affect beyond Minnesota. Both Minnesota and the group challenging the state's law had said there are about 10 states with laws like Minnesota's, though they disagreed significantly on which ones, agreeing only on Delaware, New Jersey, New York, Texas and Vermont. The case before the Supreme Court dates back to 2010 and involves a dispute that began over tea party T-shirts and buttons with the words "Please I.D. Me," a reference to legislation then under discussion in Minnesota that would have required residents to show photo identification to vote. The legislation ultimately didn't become law. Pointing to the state's statute, Minnesota officials said before the election that neither the tea party T-shirts nor those buttons would be permitted at the polls. In response, a group of voters and organizations sued.

Wednesday, May 9, 2018

Climate change lawsuit filed by Alaska youth goes to court

The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts. The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported . The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent. "The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said. The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change. The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production. "The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court." Attorneys for both sides said they expect a ruling within the next six months.

Arkansas officials ask court to keep voter ID law in place

Arkansas officials asked the state's highest court on Monday to allow them to enforce a voter ID law in the May 22 primary despite a judge blocking the measure and calling it unconstitutional. Secretary of State Mark Martin asked the Arkansas Supreme Court to put on hold a Pulaski County judge's ruling preventing the state from enforcing the 2017 law requiring voters to show photo identification before casting a ballot. Martin asked the high court for a ruling by noon Friday, noting that early voting for the primary begins May 7. "Here, the trial court has changed the rules in the middle of the election," Martin's filing said. "An immediate stay is necessary; any further delay will harm the state." Pulaski County Circuit Judge Alice Gray sided with a Little Rock voter who sued the state and had argued the law enacted last year circumvents a 2014 Arkansas Supreme Court ruling that struck down a previous voter ID measure. An attorney for the Little Rock voter said he hoped the court would not halt the ruling, noting evidence that nearly 1,000 votes weren't counted in the 2014 primary because of the previous voter ID law that was struck down later that year.

Law firm hired to investigate economic development agency

The Oregon Department of Justice has hired a law firm to investigate allegations of discrimination and mismanagement at the state's economic development agency, Business Oregon. The Oregonian/OregonLive reports that in an anonymous letter to Gov. Kate Brown earlier this month, a group of employees described hostile working conditions and accused leadership of gender bias and misusing taxpayer funds. The letter asked the governor to undertake an investigation and said the employees had retained Portland labor attorney Dana Sullivan "to help ensure employment rights are protected as a result of this complaint." The Justice Department will be supervising the probe. Its agreement with the Portland office of Perkins Coie provides for a maximum cost of $50,000. The budget could go quickly, as the firm's partners command $525 to $630 an hour, and paralegals and associates bill out at $150 to $445 an hour. The agreement specifically directs Perkins Coie to undertake "an attorney-client privileged investigation," meaning the Justice Department or Business Oregon could try to exempt the findings from disclosure under public records law. It also says the law firm could be called on to provide legal advice to the DOJ, the governor's office or the "benefitting agency" - Business Oregon. The Justice department did not respond to questions about the agreement, whether it would make the findings public or whether that decision would be made by Business Oregon.

The Latest: Louisiana oil pipeline's impact debated in court

A court hearing over whether construction of a crude oil pipeline in an environmentally fragile Louisiana swamp will continue focused on whether enough would be done to make up for environmental impacts from the project. An attorney for Bayou Bridge Pipeline LLC told a federal appeals court panel in Houston Monday that it'll be providing "appropriate compensation" by re-establishing forested wetlands elsewhere in the swamp. A lawyer for environmental groups suing to stop the construction say the project's considerable impacts haven't been taken into full consideration by federal regulators. He asked the panel to not permanently throw out a previous order that had stopped construction. At least one judge seemed to downplay concerns by environmental groups that the project is "destroying wetlands." A ruling was expected at a later date.