Tuesday, August 14, 2018
3 more Supreme Court candidates meet with Trump
President Donald Trump spoke with three more potential Supreme Court candidates on Tuesday as a key senator privately aired concerns about one of the contenders.
As Trump weighs his options, he has heard from Sen. Rand Paul, R-Ky., who has expressed reservations about one top potential nominee, Brett Kavanaugh, according to a person familiar with the call but not authorized to publicly disclose details of it. The activity around Kavanaugh was an early glimpse of the frenzied jockeying around the short list of candidates in the run-up to Trump's July 9 announcement.
With a narrow 51-49 GOP majority in the Senate, losing any Republican senator could begin to doom a nominee. Paul's objections echo those made by outside conservative groups over Kavanaugh, who is seen as a top contender for the vacancy but who activists warn is too much of an establishment-aligned choice.
Trump has said he'll choose his nominee from a list of 25 candidates vetted by conservative groups. Top contenders include federal appeals judges Kavanaugh, Raymond Kethledge, Amul Thapar and Amy Coney Barrett — all of whom spoke with Trump on Monday.
"These are very talented people, brilliant people," Trump said Tuesday during an appearance in West Virginia. "We're going to give you a great one."
The White House says Trump has spoken to seven candidates. There were the four interviews Monday, as well as a conversation with Republican Sen. Mike Lee of Utah, who is not regarded as a top contender but who is being pushed by key conservatives.
Trump has also spoken with Thomas Hardiman, who has served with Trump's sister on the 3rd U.S. Circuit Court of Appeals in Philadelphia, according to a person familiar with the conversation who also was not authorized to publicly discuss it.
Another candidate considered a top contender is Joan Larsen, who serves on the federal appeals court in Cincinnati.
Drivers challenge license suspensions for unpaid court debt
It can start with a couple of traffic tickets. Unable to pay the tickets right away, a driver becomes saddled with late fees, fines and court costs. Soon, the driver may be taken off the road indefinitely.
More than 40 states allow the suspension of driver’s licenses for people with unpaid criminal or traffic court debt.
But now, advocates across the country are pushing to change that, arguing that such laws are unconstitutional because they unfairly punish poor people and violate due process by not giving drivers notice or an opportunity to show they cannot afford to pay the fees.
Lawsuits have been filed in at least five states over the past two years.
“It’s not that I don’t want to take care of what I owe. I really wish I could,” said Brianna Morgan, a single mother from Petersburg, Virginia, who hasn’t had a license in three years because she owes more than $400 in traffic fines and court costs from traffic violations and a disorderly conduct citation.
“I really don’t have a way to pay it,” said Morgan, who supports herself and her three children on a monthly disability check.
Advocates had a victory this week in Tennessee, where a federal judge ruled that a law that allows the state to revoke the licenses of low-income people with unpaid court debt from past criminal convictions is unconstitutional.
U.S. District Judge Aleta Trauger called the law “powerfully counterproductive” and ordered Tennessee to stop revoking licenses and to reinstate the licenses of people who had theirs revoked due solely to nonpayment of court fees.
“If a person has no resources to pay a debt, he cannot be threatened or cajoled into paying it; he may, however, become able to pay it in the future. But taking his driver’s license away sabotages that prospect,” Trauger wrote in her ruling Monday.
In Virginia, nearly a million people currently have suspended driver’s licenses at least in part because of unpaid court debt, according to the Legal Aid Justice Center, a nonprofit that is challenging the practice in a federal lawsuit. A judge dismissed the case on jurisdictional grounds, but in a ruling in May, the 4th U.S. Circuit Court of Appeals gave the case new life, sending it back to the lower court to allow the plaintiffs to revise the lawsuit.
Millions of drivers nationwide have lost licenses because of such laws. In a study released in September, the justice center estimated that 4.2 million people then had suspended or revoked licenses for unpaid court debt in five states alone: Virginia, Tennessee, Michigan, North Carolina and Texas.
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.
Tuesday, July 17, 2018
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.
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.
Wednesday, June 20, 2018
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
Court makes no ruling in resolving partisan redistricting cases
The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps.
The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple.
Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit.
In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans.
The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts.
The Democrats will have a chance to prove their case district by district.
Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats.
The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering.
Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.
USCIS Redesigns Citizenship and Naturalization Certificates
U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system.
We piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center.
The certificates of naturalization are:
- N-550, issued to an individual who obtains U.S. citizenship through the naturalization process;
- N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and
- N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors.
A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are:
- N-560A, issued to an applicant who derived citizenship after birth;
- N-560AB, issued to an applicant who acquired citizenship at birth;
- N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female.
- Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors.
The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.
Tuesday, May 8, 2018
Bakery appeals to UK Supreme Court in gay-rights cake case
A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage.
Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage."
The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs.
After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory.
Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday.
David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."
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.
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.
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