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Congo runner-up Fayulu asks court to order election recount
Court Press News |
2019/01/13 00:48
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Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."
He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.
"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.
Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."
Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.
The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country. |
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Court: State, governor can't be sued over public defenders
Headline Legal News |
2019/01/12 15:51
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Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.
American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.
The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.
The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.
“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.
Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial.
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Las Vegas police seeking soccer star's DNA in rape case
Legal News Digest |
2019/01/12 15:40
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Cristiano Ronaldo is being asked by police to provide a DNA sample in an investigation of a Nevada woman's allegation that he raped her in his Las Vegas hotel penthouse in 2009 and paid her to keep quiet, the soccer star's lawyer and Las Vegas police said Thursday.
Attorney Peter S. Christiansen downplayed the development, denied the rape allegation and called evidence collection common in any investigation.
Police said in a statement that an official request has been submitted to Italian authorities for a DNA sample from the superstar player. Officer Laura Meltzer, a department spokeswoman, said the request involved a warrant.
Ronaldo, 33, plays for the Turin-based soccer club Juventus.
"Mr. Ronaldo has always maintained, as he does today, that what occurred in Las Vegas in 2009 was consensual in nature," Christiansen said, "so it is not surprising that DNA would be present, nor that the police would make this very standard request as part of their investigation."
Former model and schoolteacher Kathryn Mayorga reported the alleged attack to police in June 2009 and underwent a medical exam to collect DNA evidence.
But the investigation ended a short time later because Las Vegas police say she only identified her attacker as a European soccer player - not by name - and did not say where the incident took place. |
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Cohen, ex-Trump lawyer, to testify publicly before Congress
Legal Business |
2019/01/10 17:48
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President Donald Trump’s former lawyer, Michael Cohen, will testify publicly before a House committee next month in a hearing that could serve as the opening salvo of a promised Democratic effort to scrutinize Trump, his conflicts of interest and his ties to Russia.
The House Oversight and Reform Committee announced Thursday that Cohen will appear before that panel Feb. 7, a little more than a month after the Democrats took the House majority.
The hearing marks the latest step in Cohen’s transformation from a trusted legal adviser to the president to a public antagonist who has cooperated extensively against him. Although Democrats say the questioning will be limited to avoid interfering with open investigations, the hearing is still likely to pull back the curtain on key episodes involving Trump’s personal life and business dealings, including hush-money payments to women and a proposed Moscow real estate deal, that federal prosecutors have been dissecting for months.
Cohen is a pivotal figure in investigations by special counsel Robert Mueller into potential coordination between Russia and the Trump campaign and by federal prosecutors in New York into campaign finance violations related to payments to buy the silence of a porn actress and a former Playboy Playmate who say they had sex with Trump. Federal prosecutors have said Trump directed those payments during the campaign.
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Supreme Court will hear Wisconsin drunk driving case
Legal Interview |
2019/01/09 17:49
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The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.
Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.
The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.
Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws. |
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