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Polish director demands apology from justice minister for comparing her film
Legal Interview | 2023/09/15 11:38
Film director Agnieszka Holland demanded an apology from Poland’s justice minister after he compared her latest film, which explores the migration crisis at the Poland-Belarus border, to Nazi propaganda.

Holland said Wednesday that she planned to bring defamation charges against Justice Minister Zbigniew Ziobro unless she receives an apology within seven days. She also demanded that he make a charitable donation of 50,000 Polish zlotys ($11,600) to an association that helps Holocaust survivors.

Holland’s feature film, “Green Border,” explores a migration crisis that has played out along Poland’s border with Belarus over the past two years. It takes a sympathetic approach toward the migrants from the Middle East and Africa who got caught up as pawns in a geopolitical standoff.

It also looks critically at the way Poland’s security services pushed back migrants who were lured to the border by Belarus, an ally of Russia.

Ziobro slammed the film earlier this week, saying: “In the Third Reich, the Germans produced propaganda films showing Poles as bandits and murderers. Today, they have Agnieszka Holland for that.”

He made his comment on the social platform X, formerly Twitter, on Monday, a day before the film had its world premiere at the Venice Film Festival.

Holland noted in a statement that Ziobro, who serves as prosecutor general as well as justice minster, commented on her film without having seen it and that she believed his words amounted to defamation, calling them “despicable.”

“I cannot remain indifferent to such an open and brutal attack by a person who holds the very important constitutional position of minister of justice and prosecutor general in Poland,” she wrote in a statement from Venice dated Wednesday but published in Poland on Thursday.


McCarthy juggles a government shutdown and a Biden impeachment inquiry
Court News | 2023/09/12 09:54
House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.

But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.

It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.

“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.

McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.

Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.

With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.

That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.

To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.

McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.

But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.

Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden.


Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns
Court Watch | 2023/09/08 11:20
Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct.

“We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now.

Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns.

“There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.”

Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years.

Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court.


New Supreme Court Fellows Begin Term
Court News | 2023/09/06 11:20

Four new U.S. Supreme Court Fellows will begin their 2023-2024 fellowships in September.

Jose D. Vazquez joins the program from the U.S. Court of Appeals for the Eleventh Circuit, where he clerked for Judge Adalberto J. Jordan. He is assigned to the Administrative Office of the U.S. Courts, an agency within the judicial branch that provides a broad range of management and administrative support to the federal courts. Vazquez previously clerked for Judge Jacqueline Becerra, of the U.S. District Court for the Southern District of Florida.

Victoria K. Nickol is assigned to the Supreme Court’s Office of the Counselor to the Chief Justice. She has served as a law clerk for Judge Donald W. Molloy, of the U.S. District Court for the District of Montana, and as a law clerk for Judge Sidney R. Thomas, of the U.S. Court of Appeals for the Ninth Circuit.

Adam J. Kuegler joins the program from the U.S. District Court for the District of Connecticut, where he clerked for Judge Sarala V. Nagala. He is assigned to the Federal Judicial Center, which is the education and research agency for the federal courts.

Viviana I. Vasiu joins the program from the U.S. District Court for the Southern District of New York, where she clerked for Judge Gregory H. Woods. She is assigned to the U.S. Sentencing Commission, the agency responsible for establishing sentencing policies and practices for the federal courts. Vasiu previously clerked for Magistrate Judge Anthony E. Porcelli, of the U.S. District Court for the Middle District of Florida.

The Supreme Court Fellows Program, established by the late Chief Justice Warren E. Burger in 1973, provides participants the opportunity to gain a greater understanding of the federal Judiciary. Fellows work alongside top officials in the judicial branch on projects that further the goals of the Judiciary.

In the words of Chief Justice John G. Roberts, Jr., the program offers “a unique opportunity for exceptional individuals to contribute to the administration of justice at the national level.”

The fellows are selected by a commission composed of nine members selected by the Chief Justice. Additional background information on each of the 2023-2024 Supreme Court Fellows and the program’s history is available online.




Judge strikes down a Texas law requiring age verification to view adult websites
Securities Lawyers | 2023/09/04 15:19
A federal judge has struck down a Texas law requiring age verification and health warnings to view pornographic websites and blocked the state attorney general’s office from enforcing it.

In a ruling Thursday, U.S. District Judge David Ezra agreed with claims that House Bill 1181, which was signed into law by Texas Gov. Greg Abbott in June, violates free speech rights and is overbroad and vague.

The state attorney general’s office, which is defending the law, immediately filed notice of appeal to the Fifth Circuit U.S. Court of Appeals in New Orleans.

The lawsuit was filed Aug. 4 by the Free Speech Coalition, a trade association for the adult entertainment industry and a person identified as Jane Doe and described as an adult entertainer on various adult sites, including Pornhub.

Judge Ezra also said the law, which was to take effect Friday, raises privacy concerns because a permissible age verification is using a traceable government-issued identification and the government has access to and is not required to delete the data.

“People will be particularly concerned about accessing controversial speech when the state government can log and track that access,” Ezra wrote. “By verifying information through government identification, the law will allow the government to peer into the most intimate and personal aspects of people’s lives.”

Ezra said Texas has a legitimate goal of protecting children from online sexual material, but noted other measures, including blocking and filtering software, exist.

“These methods are more effective and less restrictive in terms of protecting minors from adult content,” Ezra wrote. The judge also found the law unconstitutionally compels speech by requiring adult sites to post health warnings they dispute — that pornography is addictive, impairs mental development and increases the demand for prostitution, child exploitation and child sexual abuse images.

“The disclosures state scientific findings as a matter of fact, when in reality, they range from heavily contested to unsupported by the evidence,” Ezra wrote.

The Texas law is one of several similar age verification laws passed in other states, including Arkansas, Mississippi, Utah and Louisiana.


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