Friday, July 13, 2018
Ex-Malaysia leader Najib charged with breach of trust, graft
Former Malaysian Prime Minister Najib Razak was charged Wednesday with criminal breach of trust and corruption, two months after a multibillion-dollar graft scandal at a state investment fund led to his stunning election defeat.
He pleaded not guilty to all charges. "I claim trial," he said in a barely audible voice as he stood in the dock at the High Court in Kuala Lumpur. A judge set bail at 1 million ringgit in cash ($250,000) and ordered Najib to surrender his two diplomatic passports.
The patrician and luxury-loving Najib, wearing a suit and a red tie, appeared calm and smiled as he was escorted into the court complex. He was arrested Tuesday by anti-graft officials over the suspicious transfer of 42 million ringgit ($10.4 million) into his bank accounts from SRC International, a former unit of the 1MDB state investment fund that U.S. investigators say was looted of billions by associates of Najib.
Najib was charged with abuse of power leading to gratification under Malaysia's anti-corruption law and three counts of criminal breach of trust. Each charge has a maximum penalty of 20 years in prison. Whipping is also a penalty but Najib would be exempt because of his age.
Anger over the 1MDB saga led to the shocking defeat of Najib's long-ruling coalition in May 9 elections and ushered in the first change of power since independence from Britain in 1957.
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.
Wednesday, June 20, 2018
Supreme Court allows Ohio, other state voter purges
The Supreme Court ruled Monday that states can clean up their voting rolls by targeting people who haven't cast ballots in a while.
The justices rejected, by a 5-4 vote Monday, arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters' inactivity to trigger a process that could lead to their removal from the voting rolls.
Justice Samuel Alito said for the court that Ohio is complying with the 1993 National Voter Registration Act. He was joined by his four conservative colleagues. The four liberal justices dissented.
Partisan fights over ballot access are being fought across the country. Democrats have accused Republicans of trying to suppress votes from minorities and poorer people who tend to vote for Democrats. Republicans have argued that they are trying to promote ballot integrity and prevent voter fraud.
Under Ohio rules, registered voters who fail to vote in a two-year period are targeted for eventual removal from registration rolls, even if they haven't moved and remain eligible. The state said it only uses the disputed process after first comparing its voter lists with a U.S. postal service list of people who have reported a change of address. But not everyone who moves notifies the post office, the state said.
So the state asks people who haven't voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters.
"Combined with the two years of nonvoting before notice is sent, that makes a total of six years of nonvoting before removal," Alito wrote.
Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls "by reason of the person's failure to vote. In my view, Ohio's program does just that."
In a separate dissent, Justice Sonia Sotomayor said Congress enacted the voter registration law "against the backdrop of substantial efforts by states to disenfranchise low-income and minority voters." The court's decision essentially endorses "the very purging that Congress expressly sought to protect against," Sotomayor wrote.
Court gives Spanish princess' husband 5 days to go to prison
Judicial authorities on Wednesday told the brother-in-law of Spain's King Felipe VI that he must report to a prison within five days in order to serve five years and 10 months for fraud and tax evasion, among other crimes.
Inaki Urdangarin, a former Olympic handball medal winner who has been married for two decades to the king's sister, Princess Cristina, is the closest person to the ruling family of the Bourbons to be convicted and imprisoned.
The case was seen as instrumental in prompting the abdication in 2014 of Juan Carlos I, who passed on the throne to Felipe. Public broadcaster TVE showed Urdangarin and his lawyer arriving Wednesday by car at the Palma de Mallorca court after landing on a commercial flight from Geneva, where the 50-year-old lives with his wife Cristina.
He left minutes later, without making any remarks to the crowd of reporters and cameras awaiting him. The provincial court ruled last year that Urdangarin embezzled about 6 million euros ($7 million) between 2004 and 2006 by exploiting his "privileged status" in the royal family to obtain public contracts related to sports events.
Spain's Supreme Court on Tuesday upheld the lower court's decision, but acquitted him of forgery and reduced his prison sentence by five months. Cristina, who became the first member of the Spanish royal family to face criminal charges, was acquitted for aiding her husband's crimes and only fined as a beneficiary in the scheme. She had already paid a 265,000-euro fine ($311,500), but Tuesday's Supreme Court ruling on the appeal halved the amount.
It wasn't immediately clear where the former duke will serve the prison sentence, although in theory he has the right to choose any of the facilities in Spanish territory.
Urdangarin could still appeal to the Constitutional Court, but experts say that would be futile because the country's top court has not taken in any appeals for imprisonments beyond the five year mark in the past.
Supreme Court strikes down Minnesota's voter clothing law
The Supreme Court on Thursday struck down a Minnesota law that barred voters in the state from wearing a wide range of political hats, T-shirts and pins to the polls.
Minnesota had defended its law as a reasonable restriction that keeps order at polling places and prevents voter intimidation. But the justices ruled 7-2 that the state's law is too broad, violating the free speech clause of the First Amendment.
Chief Justice John Roberts wrote that "if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here."
Most states have laws restricting what voters can wear when they cast ballots, but Minnesota's law was one of the broadest. It barred voters from casting a ballot while wearing clothing with the name of a candidate or political party. Also not allowed: clothing that references an issue on the ballot or promotes a group with recognizable political views. A National Rifle Association T-shirt or shirt with the text of the Second Amendment wouldn't be allowed, for example, according to the lawyer who argued the case for the state.
Roberts noted that Minnesota, like other states, had sought to balance a voter's ability to "engage in political discourse" with the ability to "exercise his civic duty in a setting removed from the clamor and din of electioneering."
"While that choice is generally worthy of our respect, Minnesota has not supported its good intentions with a law capable of reasoned application," he wrote.
It is unclear exactly how many states the ruling could affect beyond Minnesota. Both Minnesota and the group challenging the state's law had said there are about 10 states with laws like Minnesota's, though they disagreed significantly on which ones, agreeing only on Delaware, New Jersey, New York, Texas and Vermont.
The case before the Supreme Court dates back to 2010 and involves a dispute that began over tea party T-shirts and buttons with the words "Please I.D. Me," a reference to legislation then under discussion in Minnesota that would have required residents to show photo identification to vote. The legislation ultimately didn't become law.
Pointing to the state's statute, Minnesota officials said before the election that neither the tea party T-shirts nor those buttons would be permitted at the polls. In response, a group of voters and organizations sued.
Tuesday, May 8, 2018
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.
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