Tuesday, November 6, 2018

Court orders Japan company to pay 4 Koreans for forced labor

In a potentially far-reaching decision, South Korea's Supreme Court ruled that a major Japanese steelmaker should compensate four South Koreans for forced labor during Japan's colonial rule of the Korean Peninsula before the end of World War II. The long-awaited ruling, delivered Tuesday after more than five years of deliberation at Seoul's top court, could have larger implications for similar lawsuits that are pending in South Korea and will likely trigger a diplomatic row between the Asian U.S. allies. Japanese Prime Minister Shinzo Abe said Tokyo will respond "resolutely" to the ruling, which he described as "impossible in light of international law." He said the ruling violated a 1965 treaty between Seoul and Tokyo that was accompanied by Japanese payments to restore diplomatic ties. Japanese Foreign Minister Taro Kono said Japan could potentially take the case to the International Court of Justice. "Today's ruling by the South Korean Supreme Court has one-sidedly and fundamentally damaged the legal foundation of Japan-South Korea relations," Kono said. South Korean President Moon Jae-in had no immediate reaction to the ruling. South Korean Foreign Ministry spokesman Noh Kyu-duk said Tokyo and Seoul "should gather wisdom" to prevent the ruling from negatively affecting their relations. The court said Japan's Nippon Steel & Sumitomo Metal Corp. should provide compensation of 100 million won ($87,680) to each of the four plaintiffs, who were forced to work at Japanese steel mills from 1941 to 1943. Among them, only 94-year-old Lee Chun-sik has survived the legal battle, which extended nearly 14 years.

Indian court seeks pricing of Rafale jet deal with France

India's top court on Wednesday ordered the government to provide pricing details of 36 Rafale fighter jets it is buying from France. The court said the government must bring details of the decision-making process of the deal into the public domain, except those that are confidential and have strategic importance. The court said those can be provided in a "sealed cover" within 10 days. The deal has become a major political issue with the leader of the main opposition Indian National Congress party, Rahul Gandhi, accusing Prime Minister Narendra Modi's government of buying the aircraft at nearly three times the price being negotiated when his party was in power before Modi became prime minister in 2014. The government has refuted the claim, but says a secrecy clause governs the deal's pricing. It hasn't even informed Parliament about the cost of the 36 planes. The court was hearing petitions by former ministers Arun Shourie and Yashwant Sinha and some others who demanded a court-monitored probe by a federal investigating agency in the deal. Gandhi also accused Modi's government of favoring the company owned by industrialist Anil Ambani, Reliance Group, when choosing an Indian partner for Dassault. India's government has denied any wrongdoing. Dassault Aviation recently said that it "has freely chosen to make a partnership with India's Reliance Group." The French company said that it had committed to side deals in India worth 50 percent of the value of the jet purchases. In order to deliver those side deals, it had decided to create a joint venture with Reliance Group. The controversy has intensified following comments last month by former French President Francois Hollande — who was in charge when the deal was signed in 2016 — suggesting France had no say in selecting the Indian company.

Trump visit stirs debate; massacre defendant in court

The man charged in the Pittsburgh synagogue massacre was brought into court in a wheelchair Monday, as some members of the Jewish community and others objected to President Donald Trump’s plans to visit, accusing him of contributing to a toxic political climate in the U.S. that might have led to the bloodshed. With the first funerals set for Tuesday, the White House announced that Trump and first lady Melania Trump will visit the same day to “express the support of the American people and to grieve with the Pittsburgh community” over the 11 congregants killed Saturday in the deadliest attack on Jews in U.S. history. Some Pittsburghers urged Trump to stay away. “His language has encouraged hatred and fear of immigrants, which is part of the reason why these people were killed,” said Marianne Novy, 73, a retired college English professor who lives in the city’s Squirrel Hill section, the historic Jewish neighborhood where the attack at the Tree of Life synagogue took place. Meanwhile, the alleged gunman, 46-year-old truck driver Robert Gregory Bowers, was released from the hospital where he was treated for wounds suffered in a gun battle with police. Hours later he was wheeled into a downtown federal courtroom in handcuffs to face charges. A judge ordered him held without bail for a preliminary hearing on Thursday, when prosecutors will outline their case. He did not enter a plea. During the brief proceeding, Bowers talked with two court-appointed lawyers and said little more than “Yes” in a soft voice a few times in response to routine questions from the judge. Courtroom deputies freed one of his cuffed hands so he could sign paperwork.

Friday, August 10, 2018

UAE offers its defense in Qatar lawsuit at UN high court

The United Arab Emirates is defending itself against a lawsuit by Qatar brought before the United Nations' highest court that accuses it of "discrimination against Qatar and Qatari citizens." The UAE began its defense on Thursday before the International Court of Justice at The Hague, Netherlands. It's one of four Arab nations that have been boycotting Qatar since last year as part of a diplomatic dispute. Qatar filed the lawsuit earlier this month and presented its case Wednesday. Those nations announced earlier Wednesday they are filing a separate grievance at the ICJ against Qatar. Cases at the ICJ take months or years to complete. However, requests for provisional measures like those requested by Qatar are dealt with quicker. Rulings by the ICJ are final and binding on those involved.

Court: S.Korea must allow alternative for military objectors

South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males. The ruling requires the government to introduce alternative service by the end of 2019. It was hailed by activists as a breakthrough that advances individual rights and freedom of thought. It is also likely to trigger a heated debate in a country which maintains a huge military to counter North Korea threats, and where many have accused conscientious objectors of attempting to evade the draft. Hundreds of conscientious objectors are imprisoned in South Korea each year, serving terms of 18 months or longer. Most are Jehovah's Witnesses who refuse to serve in the military on religious grounds. "Too many people have been forced to choose between prison and the military, and when they choose prison, a term of 1 1/2 years has been almost automatic," said Lim Jae-sung, a human rights lawyer who has represented contentious objectors. "This is great news for those who are currently on trial or will conscientiously object to military service in the future as we probably won't be marching them straight to jail." The court said the current law, which does not permit alternative service, is unconstitutional because it infringes excessively on individual rights. The court acknowledged that conscientious objectors experience "enormous disadvantages" in addition to their prison terms, including restrictions in public sector employment, maintaining business licenses and social stigma.

Court opening puts pressure on Democrats in Trump country

The opening on the Supreme Court has created a dilemma for Democratic senators up for re-election in the states that President Donald Trump won in 2016. The choice of whether to support the upcoming nominee could be particularly difficult for Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin of West Virginia. Opposing Trump's Supreme Court nomination could dissolve some of the goodwill they've built up with Trump supporters. But backing Trump's pick would bring its own political peril. That move would risk alienating Democratic donors and the party's base, potentially depressing voter turnout. The three met with Trump on Thursday night to discuss the Supreme Court vacancy. The president already has a list of potential court nominees and is expected to make a decision quickly.

Monday, July 9, 2018

Trump has 2 or 3 more candidates to interview for court

President Donald Trump has interviewed four prospective Supreme Court justices and plans to meet with a few more as his White House aggressively mobilizes to select a replacement for retiring Justice Anthony Kennedy. Eager to build suspense, Trump wouldn't divulge whom he's talking to in advance of his big announcement, set for July 9. But he promised that "they are outstanding people. They are really incredible people in so many different ways, academically and in every other way. I had a very, very interesting morning." Spokeswoman Sarah Huckabee Sanders said Trump met with four people for 45 minutes each Monday and will continue meetings through the rest of the week. She said Tuesday he has "two or three more that he'll interview this week and then make a decision." The interviews were with federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett, said a person with knowledge of the meetings who was not authorized to speak publicly about them. The Washington Post first reported the identities of the candidates Trump spoke with. The president spent the weekend at his Bedminster golf club, consulting with advisers, including White House counsel Don McGahn, as he considers his options to fill the vacancy with a justice who has the potential to be part of precedent-shattering court decisions on abortion, health care, gay marriage and other issues. McGahn will lead the overall selection and confirmation process, the White House said Monday, repeating the role he played in the successful confirmation of Justice Neil Gorsuch last year. McGahn will be supported by a White House team that includes spokesman Raj Shah, taking a leave from the press office to work full time on "communications, strategy and messaging coordination with Capitol Hill allies." Justin Clark, director of the Office of Public Liaison, will oversee White House coordination with outside groups. Trump's push came as the Senate's top Democrat tried to rally public opposition to any Supreme Court pick who would oppose abortion rights. Senate Minority Leader Chuck Schumer issued a campaign-season call to action for voters to prevent such a nominee by putting "pressure on the Senate," which confirms judicial nominees. With Trump committed to picking from a list of 25 potential nominees that he compiled with guidance from conservatives, Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said. Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list. "It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate." Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins, who appeared on ABC's "This Week" and CNN's "State of the Union," said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.

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.

Wednesday, June 20, 2018

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.

USCIS Helps Get Conviction in Asylum Fraud

U.S. Citizenship and Immigration Services (USCIS) played an integral part in yesterday’s sentencing of Ali Vahdani Pour. Pour, a 28 year old national of Iran, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. He had pled guilty to lying under oath in an immigration matter. In the plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in Italy, before seeking asylum in the United States. “Making false statements to support your claim for asylum in the U.S. will not be tolerated,” said USCIS Los Angeles Asylum Director David Radel. The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, USCIS, and the Federal Bureau of Investigation. The prosecution was handled by Assistanct U.S. Attorney Joseph E. Koehler, Special Assitant U.S. Attorney, District of Arizona.Ryan Goldstein

NY high court nixes Trump's bid to delay defamation suit

New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing. The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now. Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth." Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall. Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court. Instead, the Court of Appeals said the case was simply in too early a stage for its consideration. Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice." She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.

Tuesday, May 8, 2018

Arkansas officials ask court to keep voter ID law in place

Arkansas officials asked the state's highest court on Monday to allow them to enforce a voter ID law in the May 22 primary despite a judge blocking the measure and calling it unconstitutional. Secretary of State Mark Martin asked the Arkansas Supreme Court to put on hold a Pulaski County judge's ruling preventing the state from enforcing the 2017 law requiring voters to show photo identification before casting a ballot. Martin asked the high court for a ruling by noon Friday, noting that early voting for the primary begins May 7. "Here, the trial court has changed the rules in the middle of the election," Martin's filing said. "An immediate stay is necessary; any further delay will harm the state." Pulaski County Circuit Judge Alice Gray sided with a Little Rock voter who sued the state and had argued the law enacted last year circumvents a 2014 Arkansas Supreme Court ruling that struck down a previous voter ID measure. An attorney for the Little Rock voter said he hoped the court would not halt the ruling, noting evidence that nearly 1,000 votes weren't counted in the 2014 primary because of the previous voter ID law that was struck down later that year.

Bakery appeals to UK Supreme Court in gay-rights cake case

A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage. Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage." The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs. After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory. Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday. David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."

Supreme Court to hear appeal of Missouri death row inmate

The Supreme Court agreed Monday to review the case of a Missouri death row inmate who says his rare medical condition could cause him to choke on his own blood during an execution. The justices said they would hear the appeal of inmate Russell Bucklew. The court blocked Bucklew's execution in March after he argued that a tumor in his throat is likely to rupture and bleed during the administration of the drugs that would be used to kill him. Bucklew argues that subjecting him to lethal injection would violate the Constitution's ban on cruel and unusual punishment. The issue is whether Bucklew has to show there is another method of execution available that would reduce the risk of needless suffering. Bucklew has proposed that the state use lethal gas instead of an injection of pentobarbital, if the execution is carried out. Missouri law still provides for the option of lethal gas, but the state no longer has a gas chamber and has not used the method since 1965. Bucklew says it is likely he would essentially suffocate for two to three minutes if he is given a drug injection. The feeling of suffocation would last no more than 30 seconds using gas, he says. But the federal appeals court in St. Louis ruled against him and concluded that he did not prove the alternate method would reduce his suffering. The Supreme Court has previously ruled that inmates challenging a method of execution have to show that there's an alternative that is likely to be less painful. None of the 20 inmates executed since Missouri began using pentobarbital in 2013 have shown obvious signs of pain or suffering.