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Suspect sought for death penalty appears in court
Legal News Digest |
2014/05/27 14:32
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The suspect accused of kidnapping and killing a 15-year-old girl in Northern California has appeared in court for the first time since prosecutors say they are seeking the death penalty against him.
KTVU-TV reports that Antolin Garcia-Torres made a brief appearance in a Santa Clara County courtroom in San Jose on Friday.
It was the his first time since District Attorney Jeff Rosen announced he was seeking capital punishment against Garcia-Torres in the disappearance of Sierra LaMar.
Garcia-Torres is accused of killing the Morgan Hill girl who vanished while on her way to school in March 2012. He was arrested two months later, after authorities say they found Sierra's DNA in his car and his DNA in her handbag. |
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Justice Dept. to Reveal Drone Memo
Legal News Digest |
2014/05/23 16:06
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On the eve of a critical Senate vote and under court order, the Obama administration signaled it will publicly reveal a secret memo describing its legal justification for using drones to kill U.S. citizens suspected of terrorism overseas.
Two administration officials told The Associated Press that the Justice Department has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. The officials spoke on condition of anonymity because they were not authorized to speak publicly about the matter.
The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Barack Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. Sen. Rand Paul, R-Ky., had vowed to fight Barron's confirmation, and some Democratic senators were calling for the memo's public release before a final vote.
Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday.
Anwar al-Awlaki, an al-Qaida leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. |
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Supreme Court takes up case of fired air marshal
Legal News Digest |
2014/05/20 12:18
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The Supreme Court agreed Monday to consider the case of a federal air marshal who was fired after leaking information to the press about aviation security plans.
The justices will hear an appeal from the Obama administration, which claims Robert MacLean is not entitled to whistleblower protection for disclosing that the Transportation Security Administration planned to save money by cutting back on overnight trips for undercover air marshals.
MacLean was fired in 2006, three years after he told a reporter the cuts were being made despite a briefing days earlier about an imminent terrorist threat focusing on long-distance flights. MacLean said he leaked the information after his boss ignored his safety concerns.
When news of the planned became public, congressional leaders expressed their concerns and the Department of Homeland Security acknowledged that the plan was a mistake. No flight assignments requiring overnight hotel stays were canceled.
The U.S. Court of Appeals for the Federal Circuit ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. But the government argues that the law does not protect employees who reveal "sensitive" security information.
MacLean asserts that no law specifically prohibited him from revealing the information because it wasn't considered sensitive when it was shared with him. The agency's decision to curb the overnight trips was sent as a text to MacLean's cellphone without using more secure methods. He says the law protects government employees who report violations of the law or specific danger to public safety. |
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Investors to Supreme Court: Deny Argentine do-over
Legal News Digest |
2014/05/09 12:44
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Argentina's opponents have filed their last arguments with the U.S. Supreme Court, urging justices to deny the South American government's appeal of a $1.4 billion debt ruling because President Cristina Fernandez has repeatedly vowed not to honor any ruling that goes against her.
Argentina wants the court to overturn a ruling it says would provoke a catastrophic default by forcing it to pay $1.4 billion in cash to the investors it calls "vulture funds." These investors, led by billionaire Paul Singer's NML Capital Ltd., snapped up Argentina's defaulted debt when its economy crashed a decade ago and have litigated ever since, seeking payment in full plus interest even after 92 percent of other bondholders agreed to provide generous debt relief in exchange for regular payments on new bonds.
"Argentina already has made clear that it will not obey any adverse decision on the questions it presents," reads NML's brief, filed just before Wednesday night's deadline.
"Argentina ultimately is not interested in any court's views concerning those questions. By Argentina's lights, it has the final word, and it will recognize a judicial ruling only if it accords with Argentina's conclusions," NML said.
The "Aurelius Respondents," another group of hedge funds and holding companies based in the Cayman Islands and the US state of Delaware to avoid scrutiny and taxes, also filed a brief, urging the justices to deny Argentina's "do-over" request. "A chorus of disinterested parties has recognized that Argentina is without peer in its mistreatment of private-sector creditors," their brief said. |
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Court revives lawsuit vs. state Medicaid expansion
Legal News Digest |
2014/04/25 10:49
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The Arizona Court of Appeals on Tuesday revived a lawsuit challenging Gov. Jan Brewer's expansion of the state's Medicaid insurance plan for the poor, ruling that Republican lawmakers have the right to sue over their contention that a hospital assessment that funds the expansion is a tax requiring a two-thirds vote of the Legislature.
Republicans in the House and Senate sued last year, saying only a simple majority last June passed the expansion bill that included the assessment. A Maricopa County judge in February dismissed the case, saying lawmakers were suing over a lost political battle because the Legislature itself decides whether a supermajority vote is needed.
But the appeals court rejected that decision and sent the case back to Judge Katherine Cooper for more action. In an 11-page ruling, the unanimous three-judge panel said the 36 Republican lawmakers who sued could have defeated House Bill 2010 if the supermajority vote was required, so it was proper for Cooper to decide if the Arizona Constitution required that vote.
The ruling was a major loss for Brewer, who pushed the Medicaid bill through the Legislature by cobbling together a coalition of minority Democrats and 14 Republicans.
She is one of only a handful of Republican governors who embraced Medicaid expansion, a key part of President Barack Obama's health care law. In all, 25 states plus Washington, D.C., are moving ahead with the expansion, while 19 states have turned it down. An additional six states are weighing options. |
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