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Romanian court orders a recount of presidential election first round
Lawyer Blog Updates |
2024/11/28 11:22
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A top Romanian court on Thursday asked the official electoral authority to recount and verify all of the ballots cast in the first round of the presidential election, which was won by a far-right outsider candidate, sending shockwaves through the political establishment.
The Constitutional Court in Bucharest approved the recounting of the more than 9.4 million ballots, and said its decision was final. The Central Election Bureau is expected to meet on Thursday afternoon to discuss the request.
Calin Georgescu, a little-known, far-right populist and independent candidate, won the first round, beating the incumbent prime minister. Georgescu was due to face reformist Elena Lasconi, the leader of the Save Romania Union party, in a Dec. 8. runoff.
Georgescu’s unexpected success has prompted nightly protests by people concerned with previous remarks he made in praising Romanian fascist and nationalist leaders and Russian President Vladimir Putin, and believe he poses a threat to democracy.
Without naming Georgescu, Romanian President Klaus Iohannis’ office said following a Supreme Council of National Defense meeting in Bucharest on Thursday that an analysis of documents revealed that “a presidential candidate benefited from massive exposure due to preferential treatment granted by the TikTok platform.”
Earlier this week, Romania’s National Audiovisual Council asked the European Commission to investigate TikTok’s role in the Nov. 24 vote. Pavel Popescu, the vice president of Romania’s media regulator Ancom, said he would request TikTok’s suspension in Romania if investigations find evidence of “manipulation of the electoral process.”
The vote recount was prompted by a complaint made by Cristian Terhes, a former presidential candidate of the Romanian National Conservative Party who garnered 1% of the vote. Terhes alleged that Lasconi’s party had urged people to vote before some diaspora polls had closed on Sunday, saying it violated electoral laws against campaign activities on polling day.
After Thursday’s court ruling, Terhes’ press office posted on Facebook that the court ordered the recount “due to indications of fraud,” and alleged that valid votes cast for Ludovic Orban — who had dropped out of the race but remained on the ballot — had been reassigned to Lasconi.
It is the first time in Romania’s 35-year post-communist history that the country’s most powerful party, the Social Democratic Party, did not have a candidate in the second round of a presidential race. Prime Minister Marcel Ciolacu resigned as party leader after he narrowly lost to Lasconi by just 2,740 votes. |
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Court overturns actor Jussie Smollett's 2019 conviction in hate crime hoax case
Lawyer Blog Updates |
2024/11/17 15:52
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The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.
Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.
Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.
A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.
His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond. intervene after the Cook County state's attorney initially dropped charges.
The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.
Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.
Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.
RELATED STORY | Sean 'Diddy' Combs lawyers claim seizure of writings from cell is 'outrageous government conduct'
A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.
His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond. |
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US court to review civil rights lawsuit alleging environmental racism
Lawyer Blog Updates |
2024/10/07 13:27
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A federal appellate court is set to hear oral arguments Monday in a civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies to place polluting industries in majority-Black communities.
The Fifth Circuit Court of Appeals in New Orleans is reviewing a lawsuit filed by community groups claiming St. James Parish “intentionally discriminated against Black residents” by encouraging industrial facilities to be built in areas with predominantly Black populations “while explicitly sparing White residents from the risk of environmental harm.”
The groups, Inclusive Louisiana, Rise St. James and Mt. Triumph Baptist Church, seek a halt to future industrial development in the parish.
The plaintiffs note that 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations when they filed the complaint in March 2023.
The parish is located along a heavily industrialized stretch of the Mississippi River between New Orleans and Baton Rouge, Louisiana, known as the Chemical Corridor, often referred to by environmental groups as “Cancer Alley” because of the high levels of suspected cancer-causing pollution emitted there.
The lawsuit comes as the federal government has taken steps during the Biden administration to address the legacy of environmental racism. Federal officials have written stricter environmental protections and committed tens of billions of dollars in funding.
In the Louisiana case, U.S. District Judge Carl Barbier of the Eastern District of Louisiana in November 2023 dismissed the lawsuit largely on procedural grounds, ruling the plaintiffs had filed their complaint too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”
Barbier said the lawsuit hinged primarily on the parish’s 2014 land-use plan, which generally shielded white neighborhoods from industrial development and left majority-Black neighborhoods, schools and churches without the same protections. The plan also described largely Black sections of the parish as “future industrial” sites. The plaintiffs missed the legal window to sue the parish, the judge ruled.
Yet the parish’s land-use plan is just one piece of evidence among many revealing ongoing discrimination against Black residents in the parish, said Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs. They are challenging Barbier’s ruling under the “continuing violations” doctrine on the grounds that discriminatory parish governance persists, allowing for industrial expansion in primarily Black areas.
The lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre (1,580-hectare) solar project upset residents of the mostly white neighborhood of Vacherie, who expressed concerns about lowering property values and debris from storms. The parish did not take up a request for a moratorium on heavy industrial expansion raised by the plaintiffs, the lawsuit states.
These community members “have tried at every turn to simply have their humanity and dignity be seen and acknowledged,” Spees said. “That’s just been completely disregarded by the local government and has been for generations.”
Another part of the complaint argues the parish failed to identify and protect the likely hundreds of burial sites of enslaved people by allowing industrial facilities to build on and limit access to the areas, preventing the descendants of slaves from memorializing the sites. The federal judge tossed out that part of the lawsuit, noting the sites were on private property not owned by the parish.
At its core, the complaint alleges civil rights violations under the 13th and 14th amendments, stating the land-use system in the parish allowing for industrial buildout primarily in majority-Black communities remains shaped by the history of slavery, white supremacy and Jim Crow laws and governance.
Lawyers for St. James Parish said the lawsuit employed overreaching claims and “inflammatory rhetoric.” St. James Parish did not respond to a request for comment.
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Sean ‘Diddy’ Combs jailed by judge after sex trafficking indictment
Lawyer Blog Updates |
2024/09/17 06:49
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Sean “Diddy” Combs headed to jail Tuesday to await trial in a federal sex trafficking case that accuses him of presiding over a sordid empire of sexual crimes protected by blackmail and shocking acts of violence.
The music mogul is charged with racketeering conspiracy and sex trafficking. The indictment against him lists allegations that go back to 2008.
He’s accused of inducing female victims and male sex workers into drugged-up, sometimes dayslong sexual performances dubbed “Freak Offs.” The indictment also refers obliquely to an attack on his former girlfriend, the R&B singer Cassie, that was captured on video.
“Not guilty,” Combs told a court, standing to speak after expressionlessly listening to the allegations with his uncuffed hands folded in his lap.
After U.S. Magistrate Judge Robyn Tarnofsky declined to grant him bail, Combs took a long swig from a water bottle, then was led out of court, turning toward family members in the audience as he went.
“Mr. Combs is a fighter. He’s going to fight this to the end. He’s innocent,” his lawyer, Marc Agnifilo, said after court. He plans to appeal the bail decision.
The Bad Boy Records founder is accused of sexually abusing and using physical force toward women and getting his personal assistants, security and household staff to help him hide it all. Prosecutors say he also tried to bribe and intimidate witnesses and victims to keep them quiet.
“Simply put, he is a serial abuser and a serial obstructor,” Assistant U.S. Attorney Emily Johnson told a court.
Agnifilo acknowledged Combs was “not a perfect person,” saying he’d used drugs and had been in “toxic relationships” but was getting treatment and therapy.
“The evidence in this case is extremely problematic,” the attorney told the court.
He maintained that the case stemmed from one long-term, consensual relationship that faltered amid infidelity. He didn’t name the woman, but the details matched those of Combs’ decade-long involvement with Cassie, whose legal name is Casandra Ventura.
The “Freak Offs,” Agnifilo contended, were an expansion of that relationship, and not coercive.
“Is it sex trafficking? Not if everybody wants to be there,” Agnifilo said, arguing that authorities were intruding on his client’s private life.
Prosecutors said in court papers that they had interviewed more than 50 victims and witnesses and expect the number to grow. They said they would use financial, travel and billing records, electronic data and communications and videos of the “Freak Offs” to prove their case.
Combs was arrested Monday in Manhattan, roughly six months after federal authorities raided his luxurious homes in Los Angeles and Miami.
A conviction on every charge would require at least 15 years in prison, with the possibility of a life sentence.
The indictment describes Combs as the head of a criminal enterprise that engaged or attempted to engage in sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.
Combs and his associates wielded his “power and prestige” to intimidate and lure women into his orbit, “often under the pretense of a romantic relationship,” according to the indictment.
It says he then would use force, threats and coercion to get the women to engage with male sex workers in the “Freak Offs” — “elaborate and produced sex performances” that Combs arranged and recorded, creating dozens of videos. He ensured their participation by procuring and providing drugs, controlling their careers, leveraging his financial support and using intimidation and violence, according to the indictment. It said his employees facilitated “Freak Offs” by taking care of tasks like travel and hotel arrangements and stocking them with such supplies as drugs and baby oil.
The events could last for days, and Combs and victims would often receive IV fluids to recover from the exertion and drug use, the indictment said.
During the searches of Combs’ homes earlier this year, law enforcement seized narcotics, videos of the performances and more than 1,000 bottles of baby oil and lubricant, according to prosecutors. They said agents also seized firearms and ammunition, including three AR-15s with defaced serial numbers in his bedroom closet in Miami.
Combs’ lawyer said his client didn’t own the guns, noting that he employs a security company.
The indictment says Combs choked, shoved, hit and kicked people, causing injuries that often took days or weeks to heal. His employees and associates sometimes kept victims from leaving or tracked down those who tried, the indictment said.
It alleges that Combs used explicit recordings as “collateral” to ensure the women’s continued obedience and silence. He also exerted control over victims by promising career opportunities, providing and threatening to withhold financial support, dictating how they looked, monitoring their health records and controlling where they lived, according to the indictment.
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Biden unveils a proposal to establish term limits for the Supreme Court
Lawyer Blog Updates |
2024/07/27 22:01
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President Joe Biden has unveiled a long-awaited proposal for changes at the U.S. Supreme Court, calling on Congress to establish term limits and an enforceable ethics code for the court’s nine justices. He’s also pressing lawmakers to ratify a constitutional amendment limiting presidential immunity.
The White House on Monday detailed the contours of Biden’s court proposal, one that appears to have little chance of being approved by a closely divided Congress with just 99 days to go before Election Day.
Still, Democrats hope it’ll help focus voters as they consider their choices in a tight election. The likely Democratic nominee, Vice President Kamala Harris, who has sought to frame her race against Republican ex-President Donald Trump as “a choice between freedom and chaos,” quickly endorsed the Biden proposal. She added that the changes are needed because “there is a clear crisis of confidence facing the Supreme Court.”
The White House is looking to tap into the growing outrage among Democrats about the court, which has a 6-3 conservative majority, issuing opinions that overturned landmark decisions on abortion rights and federal regulatory powers that stood for decades.
Liberals also have expressed dismay over revelations about what they say are questionable relationships and decisions by some members of the conservative wing of the court that suggest their impartiality is compromised.
“I have great respect for our institutions and separation of powers,” Biden argues in a Washington Post op-ed published Monday. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
Harris later issued a statement saying the American people must have confidence in a Supreme Court blighted by ethics scandals and decisions overturning long-standing precedent. She said the reforms being proposed “will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.”
The president planned to speak about his proposal later Monday during an address at the LBJ Presidential Library in Austin, Texas, to mark the 60th anniversary of the Civil Rights Act.
Biden is calling for doing away with lifetime appointments to the court. He says Congress should pass legislation to establish a system in which the sitting president would appoint a justice every two years to spend 18 years in service on the court. He argues term limits would help ensure that court membership changes with some regularity and adds a measure of predictability to the nomination process.
He also wants Congress to pass legislation establishing a court code of ethics that would require justices to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. |
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