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Malaysian ex-PM Najib arrives in court for graft verdict
Attorney Career | 2020/07/28 08:49
Ex-Malaysian Prime Minister Najib Razak arrived at court Tuesday for a verdict in the first of several corruption trials linked to the multibillion-dollar looting of the 1MDB state investment fund.

The outcome is widely seen as a test of the rule of law five months after a new government took power. Najib’s Malay party returned to office as a key player in the new ruling alliance, less than two years after its shocking ouster in 2018 elections driven by public anger over the 1MDB scandal.

Security was tight at the courthouse, with the public barred from entering and staff spraying hand sanitizer for media outside. A crowd of supporters was gathering as Najib, wearing a mask and beige suit, entered the building.

Najib, 67, said in a Facebook post late Monday that he was prepared to fight to the end. He said he would appeal if he was found guilty, and expects prosecutors to appeal if he was acquitted.

“From day one, I have said this is the chance for me to clear my name," he wrote. “Whatever the decision in the High Court tomorrow, it does not end here ... after this, we will go to the Court of Appeal. I am ready."

Najib faces a total of 42 charges in five separate graft trials linked to the 1MDB saga and may be sentenced to years in prison if convicted in the first trial alone.

Analysts said the ruling could affect Najib’s other trials and send a signal to the business community about the strength of Malaysia’s legal system in tackling international financial crime.

The verdict will also test current Prime Minister Muhyiddin Yassin, who was fired as Najib’s deputy in 2016 for speaking out on the 1MDB scandal but now relies on Najib’s party for support. Najib’s party is the biggest bloc in the current Malay nationalist alliance, which was formed in March after a political coup by Muhyiddin’s party toppled the former reformist government.


Given a chance, Trump would push court pick before election
Attorney Career | 2020/07/19 07:54
President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.

The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire.

The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come.

Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term.

Four years ago, also in a presidential election year, the GOP-controlled Senate refused to vote when President Barack Obama, a Democrat, nominated Merrick Garland, a federal judge, to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.


Lawyer: Over 150 Minneapolis officers seeking disability
Attorney Career | 2020/07/12 11:52
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.

Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.

While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.

“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”

He said many officers he represents were at a precinct that police abandoned  as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.

Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.

“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.

Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.

Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.

The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.



Ohio to U.S. Supreme Court: Keep signature rules in place
Attorney Career | 2020/06/25 12:26
The state of Ohio continued Monday to defend its right to impose normal signature requirements on ballot issue campaigns amid the global pandemic.

Uncertainty over the question prompted a voting-rights campaign to suspend its ballot effort last week, but minimum wage and marijuana decriminalization issues remain.

In a filing with the U.S. Supreme Court, Republican Attorney General Dave Yost’s attorneys argued that a lower court judge who had temporarily relaxed the rules effectively “rewrote Ohio’s Constitution and Revised Code.”

The state also argued that changing signature-gathering rules now would lead to “last-minute confusion” and the possible wrongful passage of issues this fall. The argument has an ironic twist, since some of the delay pushing the campaigns closer to the signature deadline has been caused by the litigation itself.

U.S. District Court Judge Edmund Sargus Jr. set up the more flexible rules in a May 19 decision. They would have allowed campaigns promoting minimum wage, voting rights and marijuana issues to collect signatures electronically. Sargus had also extended the deadline for submitting signatures by about a month, to July 31.

The U.S. 6th Circuit Court of Appeals blocked those less restrictive rules from kicking in. Justices have been asked to decide whether failing to accommodate ballot campaigns during the time of COVID-19 violates their constitutional right to access Ohio’s ballot.


Irish trucker in court over deaths of 39 people in container
Attorney Career | 2020/06/23 12:26
An Irish truck driver appeared in an English court Wednesday, accused of the manslaughter of 39 people who were found dead in a container in southeastern England in an apparent people-smuggling tragedy.

Ronan Hughes, 40, appeared by at Southend Magistrates Court, east of London, by video link from a police station, after being extradited from Ireland.

The Vietnamese nationals were found Oct. 23 in an industrial park in the English town of Grays inside a refrigerated container that had arrived by ferry from Belgium.

The victims came from impoverished villages in Vietnam and are believed to have paid people smugglers to take them on risky journeys to better lives abroad.

The truck’s driver, Maurice Robinson, 25, admitted 39 counts of manslaughter in April. He had previously pleaded guilty to conspiracy to assist unlawful immigration.

Hughes wasn't asked to enter a plea and was ordered detained until a plea hearing at London's Central Criminal Court on July 22.


International Criminal Court condemns US sanctions order
Attorney Career | 2020/06/10 09:47
The International Criminal Court has condemned the Trump administration’s decision to authorize sanctions against court staff, saying it amounted to “an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings.”

An executive order by U.S. President Donald Trump announced Thursday authorizes sanctions against ICC staff investigating American troops and intelligence officials and those of allied nations, including Israel, for possible war crimes in Afghanistan and elsewhere.

Trump’s order would block the financial assets of court employees and bar them and their immediate relatives from entering the United States.

The court, which has 123 member states, said in a statement released early Friday that it “stands firmly by its staff and officials and remains unwavering in its commitment to discharging, independently and impartially, the mandate” laid down in its founding treaty, the Rome Statute.

It said an attack on the Hague-based court also constitutes “an attack against the interests of victims of atrocity crimes, for many of whom the Court represents the last hope for justice.”

O-Gon Kwon, president of the court’s management and oversight mechanism, the Assembly of States Parties, also criticized the U.S. measures.

“They undermine our common endeavor to fight impunity and to ensure accountability for mass atrocities,” he said in a statement. “I deeply regret measures targeting Court officials, staff and their families.”

The Hague-based court was created in 2002 to prosecute war crimes and crimes of humanity and genocide in places where perpetrators might not otherwise face justice. The U.S. has never been an ICC member.


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