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Russian authorities ask the Court to declare the LGBTQ ‘movement’ extremist
Court Watch | 2023/11/20 11:37
The Russian Justice Ministry on Friday said it has filed a lawsuit with the nation’s Supreme Court to outlaw the LGBTQ+ “international public movement” as extremist, the latest crippling blow against the already beleaguered LGBTQ+ community in the increasingly conservative country.

The ministry said in an online statement announcing the lawsuit that authorities have identified “signs and manifestations of extremist nature” in “the activities of the LGBT movement active” in Russia, including “incitement of social and religious discord.” Russia’s Supreme Court has scheduled a hearing to consider the lawsuit for Nov. 30, the ministry said.

It is not yet clear what exactly the label would entail for LGBTQ+ people in Russia if the Supreme Court sides with the Justice Ministry, and the ministry did not immediately respond to a request for comment. But the move in itself represents the latest, and possibly by far the most drastic, step in the decade-long crackdown on gay rights in Russia unleashed under President Vladimir Putin, who has put “traditional family values” at the cornerstone of his rule.

The crackdown, which began a decade ago, slowly but surely chipped away at LGBTQ+ rights. In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any non-critical public depiction of “nontraditional sexual relations” among minors. In 2020, Putin pushed through a constitutional reform to extend his rule by two more terms that also outlawed same-sex marriage.

In 2022, after sending troops into Ukraine, the Kremlin ramped up its rhetoric about protecting “traditional values” from what it called the West’s “degrading” influence, in what rights advocates saw as an attempt to legitimize the war in Ukraine. That same year, the authorities adopted a law banning propaganda of “nontraditional sexual relations” among adults, too, effectively outlawing any public endorsement of LGBTQ+ people.

Another law passed this year prohibited gender transitioning procedures and gender-affirming care for trans people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records. It also amended Russia’s Family Code by listing gender change as a reason to annul a marriage and adding those “who had changed gender” to a list of people who can’t become foster or adoptive parents.

“Do we really want to have here, in our country, in Russia, ‘Parent No. 1, No. 2, No. 3’ instead of ‘mom’ and ‘dad?’” Putin said in September 2022 at a ceremony to formalize Moscow’s annexation of four Ukrainian regions. “Do we really want perversions that lead to degradation and extinction to be imposed in our schools from the primary grades?”

Authorities have rejected accusations of discrimination against LGBTQ+ people. Earlier this week, Russian media quoted Andrei Loginov, a deputy justice minister, as saying that “the rights of LGBT people in Russia are protected” legally. Loginov spoke in Geneva, while presenting a report on human rights in Russia to the U.N. Human Rights Council, and argued that “restraining public demonstration of non-traditional sexual relationships or preferences is not a form of censure for them.”

Putin, speaking at a culture-related event in St. Petersburg on Friday, called LGBTQ+ people “part of the society, too” and said they are entitled to winning various arts and culture awards. He did not comment on the Justice Ministry’s lawsuit.


Russian Olympic officials appeal to sports court against suspension by IOC
Legal Business | 2023/11/10 08:13
The Russian Olympic Committee has appealed to the Court of Arbitration for Sports against a suspension by the IOC last month for incorporating Ukrainian sports councils.

CAS said Monday it has registered the appeal but that “it is not possible to indicate a time frame” for a verdict by its panel of judges. A hearing is likely to be held in Lausanne, Switzerland, which is home to the court and the International Olympic Committee.

The legal dispute should have no effect on Russian athletes preparing to qualify for, and compete at, the Paris Olympics next year.

The IOC previously said any Russian athletes accepted as neutral individuals to compete in Paris could be invited directly via their sport’s world governing body in a process bypassing the ROC.

The latest Russia-IOC dispute was provoked by the Russian Olympic body incorporating the sports councils in four regions in occupied eastern Ukraine as its own members.

Imposing the suspension last month, the IOC said the Russian action “constitutes a breach of the Olympic Charter because it violates the territorial integrity of the NOC of Ukraine.”

The ROC made a similar move in 2016 to incorporate sports councils in the Crimea region which had been annexed by Russia two years earlier. The IOC did not issue a suspension that time.

CAS said Monday the Russian appeal asks for the ROC to be reinstated “benefiting from all rights and prerogatives granted by the Olympic Charter.”

The suspension removes the right of the ROC to get a share of Olympic broadcast and sponsor money worth millions of dollars in each four-year Olympic funding cycle. Russian officials reportedly have been weighing legal action to access the money not being paid due to economic sanctions during the war in Ukraine.


Donald Trump testifies in civil fraud trial. Follow the latest updates
Headline Legal News | 2023/11/06 15:26
Former President Donald Trump vigorously defended his wealth and business on Monday, tangling from the witness stand with the judge overseeing his civil fraud trial and denouncing as a “political witch hunt” a lawsuit accusing him of dramatically inflating his net worth.

Trump’s long-awaited testimony about property valuations and financial statements was punctuated by personal jabs at a judge he said was biased against him and at the New York attorney general, whom he derided as a “political hack.” He proudly boasted of his real estate business — “I’m worth billions of dollars more than the financial statements” — and disputed claims that he had deceived banks and insurers.

“This is the opposite of fraud,” he declared. Referring to New York Attorney General Letitia James, a Democrat whose office brought the lawsuit, he said, “The fraud is her.”

The testy exchanges, and frequent rebukes from the judge, underscored Trump’s unwillingness to adapt his famously freewheeling rhetorical style to a formal courtroom setting governed by rules of evidence and legal protocol. But while his presence on the stand was a vivid reminder of the legal troubles he faces as he vies to reclaim the White House in 2024, it also functioned as a campaign platform for the former president and leading Republican presidential candidate to raise anew to supporters his claims of political persecution at the hands of government lawyers and judges.

“People are sick and tired of what’s happening. I think it is a very sad say for America,” Trump told reporters outside the courtroom after roughly three-and-a-half hours on the stand.

Trump’s testimony got off to a contentious start Monday, with state Judge Arthur Engoron admonishing him to keep his answers concise and reminding him that “this is not a political rally.”

Turning to Trump’s attorney at one point, the judge said, “I beseech you to control him if you can. If you can’t, I will.” The civil trial is one of numerous legal proceedings Trump is confronting, including federal and state charges accusing him of crimes including illegally hoarding classified documents and scheming to overturn the 2020 presidential election. His legal and political strategies have now become completely intertwined as he hopscotches between campaign events and court hearings, a schedule that will only intensify once his criminal trials begin.

Though the fraud case doesn’t carry the prospect of prison as the criminal prosecutions do, its allegations of financial impropriety cut to the heart of the brand he spent decades crafting. The suggestion that Trump is worth less than he’s claimed has been interpreted by him as a cutting insult.


Donald Trump Jr. takes the witness stand in fraud trial
Court News | 2023/11/02 10:04
Donald Trump Jr. testified Wednesday that he never worked on his father’s financial statements, the documents now at the heart of the civil fraud trial that threatens former President Donald Trump’s real estate empire.

The ex-president’s eldest son is an executive vice president of the family’s Trump Organization and has been a trustee of a trust set up to hold its assets when his father was in the White House.

At least one of the annual financial statements bore language saying the trustees “are responsible” for the document. But Donald Trump Jr. said he didn’t recall ever working on any of the financial statements and had “no specific knowledge” of them.

The lawsuit centers on whether the former president and his business misled banks and insurers by inflating his net worth on the financial statements. He and other defendants, including sons Donald Jr. and Eric, deny wrongdoing.

Trump Jr. said he signed off on statements as a trustee, but had left the work to outside accountants and the company’s then-finance chief, Allen Weisselberg.

“As a trustee, I have an obligation to listen those who are expert — who have an expertise of these things,” he said.

“I wasn’t working on the document, but if they tell me that it’s accurate, based on their accounting assessment of all of the materials,” he said, “these people had an incredible intimate knowledge, and I relied on them.”

The first family member to testify, he is due to return to the stand Thursday. Next up will be his brother and fellow Trump Organization Executive Vice President Eric Trump and, on Monday, their father — the family patriarch, company founder, former president and 2024 Republican front-runner.

Daughter Ivanka, a former Trump Organization executive and White House adviser, is scheduled to take the stand Nov. 8. But her lawyers on Wednesday appealed Judge Arthur Engoron ‘s decision to require her testimony.

New York Attorney General Letitia James brought the lawsuit, alleging that Donald Trump, his company and top executives, including Eric and Donald Jr., conspired to exaggerate his wealth by billions of dollars on his financial statements. The documents were given to banks, insurers and others to secure loans and make deals.

The former president has called the case a “sham,” a “scam,” and “a continuation of the single greatest witch hunt of all time.”


Court strikes down new law giving participants right to change venue
Opinions | 2023/10/30 12:36
Kentucky’s Supreme Court on Thursday struck down a new state law that allowed participants in constitutional challenges to get the cases switched to randomly selected counties. The court said the legislature’s action on the assignment of court cases encroached on judicial authority.

The law, enacted this year over the governor’s veto, allowed any participants to request changes of venue for civil cases challenging the constitutionality of laws, orders or regulations. It required the clerk of the state Supreme Court to choose another court through a random selection.

Such constitutional cases typically are heard in Franklin County Circuit Court in the capital city of Frankfort. For years, Republican officials have complained about a number of rulings from Franklin circuit judges in high-stakes cases dealing with constitutional issues.

The high court’s ruling was a victory for Democratic Gov. Andy Beshear, who in his veto message denounced the measure as an “unconstitutional power grab” by the state’s GOP-dominated legislature. Lawmakers overrode the governor’s veto, sparking the legal fight that reached the state’s highest court.

Republican Attorney General Daniel Cameron’s office defended the venue law, which passed as Senate Bill 126. Cameron is challenging Beshear in the Nov. 7 gubernatorial election — one of the nation’s highest-profile campaigns this year.

Writing for the court’s majority, Chief Justice Laurance B. VanMeter said the new law amounted to a violation of constitutional separation of powers.

The measure granted “unchecked power to a litigant to remove a judge from a case under the guise of a “transfer,” circumventing the established recusal process, the chief justice wrote.

“It operates to vest a certain class of litigants with the unfettered right to forum shop, without having to show any bias on the part of the presiding judge, or just cause for removal,” VanMeter said.


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