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Court Will Hear Trump's Pleas to Keep Financial Records Private
Court News | 2019/12/14 13:22
The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.


Afghanistan probe appeal begins at Hague international court
Court News | 2019/12/04 00:22
The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.

Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”

In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.

In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.

The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.

“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.

The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.



Court sides with Congress in battle for Trump’s bank records
Court News | 2019/12/02 00:25
A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling, with Judge Debra Ann Livingston saying in a partial dissent that the lower court should take a longer look at the “serious questions” raised by the case and give the parties time to negotiate.

The court said the application by the president and his children to block the subpoenas was properly denied by a judge this year.

The House Financial Services and Intelligence committees have asked Deutsche Bank and Capital One to turn over records related to Trump’s business ventures. The lawyers for the congressional committees say they need access to documents from the banks to investigate possible “foreign influence in the U.S. political process” and possible money laundering from abroad.

Trump and three of his children challenged the subpoenas. In May, U.S. District Judge Edgardo Ramos said Trump and his company were “highly unlikely” to succeed in proving that the subpoenas were unlawful and unconstitutional.


Lawmakers asked to boost spending on New Mexico court system
Court News | 2019/11/26 11:59
New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.

The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.

Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.

If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.

It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo.



Trump wants Supreme Court to block subpoena for his taxes
Court News | 2019/11/14 18:58
President Donald Trump is asking the Supreme Court to block a subpoena for his tax returns, in a test of the president’s ability to defy investigations.

The filing Thursday sets the stage for a high court showdown over the tax returns Trump has refused to release, unlike every other modern president. The justices also could weigh in more broadly on Trump’s claim that sitting presidents can’t be prosecuted or investigated for crimes.

The subpoena from the Manhattan district attorney is seeking Trump’s tax returns back to 2011 from his accounting firm as part of a criminal investigation. Trump’s lawyers say a criminal probe of the president at the state or local level is unconstitutional and unprecedented in American history.

“Allowing the sitting president to be targeted for criminal investigation and to be subpoenaed on that basis? would, like an indictment itself, distract him from the numerous and important duties of his office, intrude on and impair Executive Branch operations, and stigmatize the presidency,” said the brief signed by Jay Sekulow.

Lower courts have so far rejected Trump’s claims of immunity.

Trump wants the court to decide the case by late June, under a deal to keep the district attorney from enforcing the subpoena in the meantime. The justices may not decide whether to hear the case for at least another month.


Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit
Court News | 2019/10/09 11:19
The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.

Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenhouse gas emission leading to climate change is creating long-term, dangerous health effects.

The lawsuit takes aim at a state statute that says it’s the policy of Alaska to promote fossil fuels, said Andrew Welle of Oregon-based Our Children’s Trust, a nonprofit organization dedicated to protecting natural systems for present and future generations.

“The state has enacted a policy of promoting fossil fuels and implemented it in a way that is resulting in substantial greenhouse gas emissions in Alaska,” Welle said in a phone interview. “They’re harming these young kids.”

A central question in the lawsuit, as in previous federal and state lawsuits, is the role of courts in shaping climate policy.


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