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WikiLeaks' Assange in UK court fighting extradition to USA
Topics in Legal News | 2020/01/04 10:42
WikiLeaks founder Julian Assange made a brief court appearance Monday in his bid to prevent extradition to the United States to face serious espionage charges.

He and his lawyers complained they weren't being given enough time to meet to plan their battle against U.S. prosecutors seeking to put him on trial for WikiLeaks' publication of hundreds of thousands of confidential documents.

The 48-year-old was brought to court from Belmarsh Prison on the outskirts of London. He saluted the public gallery, which was packed with ardent supporters including the musician MIA, when he entered the courtroom. He later raised his right fist in defiance when he was taken to holding cells to meet with lawyer Gareth Peirce.

Peirce said officials at Belmarsh Prison are making it extremely difficult for her to meet with Assange.

“We have pushed Belmarsh in every way ?- it is a breach of a defendant's rights,” she said.

Assange refrained from making political statements. He confirmed his name and date of birth, and at one point said he didn't understand all of the proceedings against him during the brief hearing at Westminster Magistrates' Court.

He faces 18 charges in the U.S., including conspiring to hack into a Pentagon computer. He has denied wrongdoing, claiming he was acting as a journalist entitled to First Amendment protection.

Many advocacy groups have supported Assange's claim that the charges would have a chilling effect on freedom of the press.



Mississippi man freed months after court rules racial bias
Topics in Legal News | 2019/12/15 09:26
A Mississippi man whose murder conviction was overturned by the U.S. Supreme Court for racial bias was released from custody Monday for the first time in 22 years.

Curtis Flowers walked out of the regional jail in the central town of Louisville hours after a judge set his bond at $250,000. A person who wanted to remain anonymous posted $25,000, the 10% needed to secure Flowers’ release, said his attorney Rob McDuff.

At the bond hearing earlier Monday in the city of Winona, Circuit Judge Joseph Loper ordered Flowers to wear an electronic monitor while waiting for the district attorney’s office to decide whether to try him a seventh time or drop the charges. Flowers also must check in once a week with a court clerk, McDuff said. He said attorneys would file papers asking the judge to dismiss the charges.

Flowers was accompanied from the jail Monday by his attorneys and two sisters, Priscilla Ward and Charita Baskin. The siblings said they were going home to fry some fish for dinner and hang out together.

“It’s been rough,” Flowers said. “Taking it one day at a time, keeping God first ? that’s how I got through it.”

When asked another question, Flowers sighed, smiled and tossed his hands in the air.  “I’m so excited right now, I can’t even think straight,” he said with a laugh.

Flowers was convicted four times in connection with a quadruple slaying in Winona in 1996: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials.



Court to hear appeal of Jodi Arias' murder conviction
Topics in Legal News | 2019/10/19 20:51
Lawyers are scheduled to make arguments Thursday before the Arizona Court of Appeals as Jodi Arias seeks to overturn her murder conviction in the 2008 death of her former boyfriend.

Arias argues a prosecutor's misconduct and a judge's failure to control news coverage during the case deprived her of the right to a fair trial.

A lawyer defending the conviction on behalf of the state said overwhelming evidence of Arias' guilt should outweigh mistakes that were made by the prosecutor who won the case.

Arias, who will not be in the courtroom during her appellate hearing, is serving a life sentence for her first-degree murder conviction in the death of Travis Alexander at his home in Mesa.

Prosecutors said Arias violently attacked Alexander in a jealous rage after he wanted to end their affair and planned a trip to Mexico with another woman. Arias has acknowledged killing Alexander but claimed it was self-defense after he attacked her.

The guilt phase of Arias' trial ended in 2013 with jurors convicting her but deadlocking on punishment. A second sentencing trial ended in early 2015 with another jury deadlock, leading a judge to sentence Arias to prison for life.

The case turned into a media circus as salacious and violent details about Arias and Alexander were broadcast live around the world.



High court keeps citizenship question off census for now
Topics in Legal News | 2019/07/01 12:56
In a surprising move, the Supreme Court on Thursday kept the Trump administration from adding a citizenship question to the 2020 census for now, and the question’s opponents say there’s no time to revisit the issue before next week’s scheduled start to the printing of census forms.

But President Donald Trump said on Twitter after the decision that he’s asked lawyers if they can “delay the Census, no matter how long” until the “United States Supreme Court is given additional information from which it can make a final and decisive decision” on the issue. Under federal law the census must begin on April 1, 2020. A former director of the Census Bureau said he believed Congress would have to change the law for the count to be delayed.

The issue of whether to add the citizenship question to the census is a politically charged one. Democratic cities and states who oppose adding it argue that they’d get less federal money and fewer representatives in Congress if the question is asked because it would discourage the participation of minorities, primarily Hispanics, who tend to support Democrats.

During arguments in the case at the Supreme Court in April it seemed as though the Trump administration would win because Chief Justice John Roberts and other conservatives appointed by Republican presidents did not appear to see anything wrong with Commerce Secretary Wilbur Ross’ decision to add the question. Ultimately, however, Roberts joined the court’s four more liberal members in saying the administration’s current justification for the question “seems to have been contrived.”

The Trump administration had said the question was being added to aid in enforcement of the Voting Rights Act, which protects minority voters’ access to the ballot box. But the Justice Department had never previously sought a citizenship question in the 54-year history of the landmark voting rights law.


Carnival will pay $20m over pollution from its cruise ships
Topics in Legal News | 2019/06/03 12:18
Carnival Corp. reached a settlement Monday with federal prosecutors in which the world’s largest cruise line agreed to pay a $20 million penalty because its ships continued to pollute the oceans despite a previous criminal conviction aimed at curbing similar conduct.

Senior U.S. District Judge Patricia Seitz approved the agreement after Carnival CEO Arnold Donald stood up in open court and admitted the company’s responsibility for probation violations stemming from the previous environmental case.

“The company pleads guilty,” Arnold said six times in a packed courtroom that include other senior Carnival executives, including company chairman and Miami Heat owner Micky Arison.

“We acknowledge the shortcomings. I am here today to formulate a plan to fix them,” Arnold added

“The proof will be in the pudding, won’t it?” the judge replied. “If you all did not have the environment, you would have nothing to sell.”

Carnival admitted violating terms of probation from a 2016 criminal conviction for discharging oily waste from its Princess Cruise Lines ships and covering it up. Carnival paid a $40 million fine and was put on five years’ probation in that case, which affected all nine of its cruise brands that boast more than 100 ships.

Now Carnival has acknowledged that in the years since its ships have committed environmental crimes such as dumping “gray water” in prohibited places such Alaska’s Glacier Bay National Park and knowingly allowing plastic to be discharged along with food waste in the Bahamas, which poses a severe threat to marine life.

The company also admitted falsifying compliance documents and other administrative violations such as having cleanup teams visit its ships just before scheduled inspections.

Seitz at an earlier hearing threatened to bar Carnival from docking at U.S. ports because of the violations and said she might hold executives individually liable for the probation violations.

“The concern I have is that senior management has no skin in the game,” Seitz said, adding that future violations might be met with prison time and criminal fines for individuals. “My goal is to have the defendant change its behavior.”

Under the settlement, Carnival promised there will be additional audits to check for violations, a restructuring of the company’s compliance and training programs, a better system for reporting environmental violations to state and federal agencies and improved waste management practices.


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