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Man charged in bike path killings speaks in court of 'Allah'
Legal News Digest |
2018/06/21 17:00
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The man charged with murdering eight people on a New York City bike path and injuring many more spoke out in court Friday over a prosecutor's objection, invoking "Allah" and defending the Islamic State.
Sayfullo Saipov, 30, raised his hand to speak immediately after U.S. District Judge Vernon S. Broderick set an Oct. 7, 2019 date for the Uzbek immigrant's trial.
Earlier, he had pleaded not guilty through his lawyer to the latest indictment in the Oct. 31 truck attack near the World Trade Center. A prosecutor said the Justice Department will decide by the end of the summer whether to seek the death penalty against Saipov, who lived in Paterson, New Jersey, before the attack.
Speaking through an interpreter for about 10 minutes, Saipov said the decisions of a U.S. court were unimportant to him. He said he cared about "Allah" and the holy war being waged by the Islamic State.
At the prompting of Assistant U.S. Attorney Amanda Houle, Broderick interrupted Saipov to read him his rights, including that anything he said in court could be used against him.
"I understand you, but I' m not worried about that at all," Saipov said.
"So the Islamic State is not fighting for land, like some say, or like some say, for oil. They have one purpose, and they're fighting to impose Sharia (Islamic law) on earth," he said.
After Saipov spoke more, Assistant U.S. Attorney Andrew Beaty interrupted him to object that the judge was letting Saipov make the kind of statement publicly that special restrictions placed on him in prison would otherwise prevent, including discussing "terrorist propaganda."
The judge said he believed Saipov was nearing the end of his remarks and let him finish before warning him that he was unlikely to let him speak out in court again in a similar manner. Saipov, though, would be given a chance to testify if his case proceeds to trial and, if convicted, could speak at sentencing.
Saipov thanked the judge for letting him speak but added at one point: "I don't accept this as my judge."
Prosecutors had been seeking an April 2019 trial date. Houle said the families of the dead and the dozens who were injured deserve a "prompt and firm trial date."
"The victims here are anxious now when that trial is going to be," she said. "The public deserves a speedy trial, and the surviving victims deserve to know when that trial is going to be."
Defense lawyers have said the government should accept a guilty plea and a sentence of life in prison without parole to provide victims' families and the public with closure.
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Court: Compliance reached in education funding case
Legal News Digest |
2018/06/12 00:16
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A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more dollars into public schools.
The court's unanimous order came in response to lawmakers passing a supplemental budget earlier this year that the justices said was the final step needed to reach compliance with a 2012 state Supreme Court ruling that found that K-12 school funding was inadequate. Washington's Constitution states that it is the Legislature's "paramount duty" to fully fund the education system. The resolution of the landmark case in Washington state comes as other states like Arizona, Oklahoma and Kentucky are now responding to calls for more money to be allocated to education.
The state had been in contempt of court since 2014 for lack of progress on that ruling, and daily sanctions of $100,000 — allocated specifically for education spending— had been accruing since August 2015.
"Reversing decades of underfunding has been among the heaviest lifts we've faced in recent years and required difficult and complex decisions, but I'm incredibly proud and grateful for all those who came together on a bipartisan basis to get this job done," Washington Gov. Jay Inslee said in a written statement.
Over the past few years, lawmakers had put significantly more money toward education costs like student transportation and classroom supplies, but the biggest piece they needed to tackle to reach full compliance was figuring out how much the state must provide for teacher salaries. School districts had paid a big chunk of those salaries with local property-tax levies, something the court said had to be remedied.
In November, the court said a plan passed by the Legislature last year — which included a statewide property tax increase earmarked for education — satisfied its earlier ruling, but justices took issue with the fact that the teacher salary component of the plan wasn't fully funded until September 2019. This year, lawmakers expedited that timeframe to Sept. 1, 2018.
Democratic House Majority Leader Pat Sullivan said that the court's order was a relief, though he noted that legislative debates over education funding aren't over. Sullivan said there is more work to be done on areas like special education, as well as recruiting and retaining teachers. |
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Court upholds Phoenix law over same-sex wedding invitations
Legal News Digest |
2018/06/06 16:53
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An Arizona appeals court on Thursday upheld a Phoenix anti-discrimination law that makes it illegal for businesses to refuse service to same-sex couples because of religion.
The ruling comes days after the U.S. Supreme Court sided with a Colorado baker who refused to make a wedding cake for a same-sex couple. The high court found Monday that a Colorado civil rights commission showed anti-religious bias when it ruled against Jack Phillips for refusing to make the cake at his Masterpiece Cakeshop.
The decision, however, did not address the larger issue of whether a business can invoke religious objections to refuse service to gay and lesbian people.
In the Arizona case, the state Court of Appeals sided with the city in a lawsuit first brought in 2016 by a wedding invitation business, saying the ordinance is constitutional and does not violate freedom of religion or speech.
"We have previously found that eliminating discrimination constitutes a compelling interest," Judge Lawrence Winthrop wrote, adding that "antidiscrimination ordinances are not aimed at the suppression of speech, but at the elimination of discriminatory conduct."
The court said if Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, "want to operate their for-profit business as a public accommodation, they cannot discriminate against potential patrons based on sexual orientation."
Attorney Jonathan Scruggs of Alliance Defending Freedom, who represented the women, said they intend to appeal the decision to the Arizona Supreme Court. |
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Supreme Court rejects appeal from Middle East attack victims
Legal News Digest |
2018/04/07 23:21
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The Supreme Court is rejecting an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.
The justices are not commenting Monday in ending a lawsuit against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people. A lower court tossed out a $654 million verdict against the Palestinians.
The Trump administration sided with the Palestinians in calling on the high court to leave the lower court ruling in place. The federal appeals court in New York said U.S. courts can't consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.
The victims sued under the Anti-Terrorism Act, passed to open U.S. courts to American victims of international terrorism.
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Supreme Court declines to take up 'Dreamers' case for now
Legal News Digest |
2018/03/02 21:24
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The Supreme Court on Monday rejected the Trump administration's highly unusual bid to bypass a federals appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation.
The decision affecting "Dreamers" means the case will almost certainly have to work its way through the lower courts before any Supreme Court ruling is possible. And because that could take weeks or months, Monday's decision also is likely to further reduce pressure on Congress to act quickly on the matter.
The ruling on the Obama-era Deferred Action for Childhood Arrivals program, or DACA, wasn't unexpected.
Justice Department spokesman Devin O'Malley acknowledged that the court "very rarely" hears a case before a lower appeals court has considered it, though he said the administration's view was "it was warranted" in this case.
O'Malley said the administration would continue to defend the Homeland Security Department's "lawful authority to wind down DACA in an orderly manner."
DACA has provided protection from deportation and work permits for about 700,000 young people who came to the U.S. as children and stayed illegally.
Last fall, Trump argued that Obama had exceeded his executive powers when he created the program. Trump gave lawmakers until March 5 to send him legislation to renew the program.
But in recent weeks, federal judges in San Francisco and New York have made Trump's deadline temporarily moot. They've issued injunctions ordering the Trump administration to keep DACA in place while courts consider legal challenges to Trump's termination of the program.
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