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Int'l court: Hezbollah member guilty in Lebanon ex-PM death
Legal Interview | 2020/08/18 10:17
A U.N.-backed tribunal on Tuesday convicted one member of the Hezbollah militant group and acquitted three others of involvement in the 2005 assassination of former Lebanese Prime Minister Rafik Hariri.

The Special Tribunal for Lebanon said Salim Ayyash was guilty as a co-conspirator of five charges linked to his involvement in the suicide truck bombing. Hariri and 21 others were killed and 226 were wounded in a huge blast outside a seaside hotel in Beirut on Feb. 14, 2005.

However, after a years-long investigation and trial, three other Hezbollah members were acquitted of all charges that they also were involved in the killing of Hariri, which sent shock waves through the Mideast.

None of the suspects were ever arrested and were not in court to hear the verdicts.

The tribunal’s judges also said there was no evidence the leadership of the Hezbollah militant group and Syria were involved in the attack, despite saying the assassination happened as Harairi and his political allies were discussing calling for an “immediate and total withdrawal of Syrian forces from Lebanon,” Presiding Judge David Re said.

When launched in the wake of the attack, the tribunal raised hopes that for the first time in multiple instances of political violence in Lebanon, the truth of what happened would emerge and those responsible would be held to account.

But for many in Lebanon, the tribunal failed on both counts. Many of the suspects, including the man convicted Tuesday, are either dead or out of reach of justice. And the prosecution was unable to present a cohesive picture of the bombing plot or who ordered it.

The verdicts come at a particularly sensitive time for Lebanon, following the devastating explosion at the Port of Beirut two weeks ago, and as many in Lebanon are calling for an international investigation into that explosion.



UN-backed court to issue verdicts in Lebanon’s Hariri case
Court News | 2020/08/16 10:18
More than 15 years after the truck bomb assassination of former Lebanese Prime Minister Rafik Hariri in Beirut, a U.N.-backed tribunal in the Netherlands is announcing verdicts this week in the trial of four members of the militant group Hezbollah allegedly involved in the killing, which deeply divided the tiny country.

The verdicts on Tuesday at the Special Tribunal for Lebanon, based in a village on the outskirts of the Dutch city of The Hague, are expected to further add to soaring tensions in Lebanon, two weeks after a catastrophic explosion at Beirut’s port that killed nearly 180 people, injured more than 6,000 and destroyed thousands of homes in the Lebanese capital.

Unlike the blast that killed Hariri and 21 others on Feb. 14, 2005, the Aug. 4 explosion was believed to be a result of nearly 3,000 tons of ammonium nitrate that accidentally ignited at Beirut’s port. While the cause of the fire that provided the trigger is still not clear, Hezbollah, which maintains huge influence over Lebanese politics, is being sucked into the public fury directed at the country’s ruling politicians.

Even before the devastating Beirut port blast, the country’s leaders were concerned about violence after the verdicts. Hariri was Lebanon’s most prominent Sunni politician at the time, while the Iran-backed Hezbollah is a Shiite Muslim group.

Tensions between Sunni and Shiites in the Middle East have fueled deadly conflicts in Syria, Iraq and Yemen and to a smaller scale in Lebanon. Some Lebanese see the tribunal as an impartial way of uncovering the truth about Hariri’s slaying, while Hezbollah ? which denies involvement ? calls it an Israeli plot to tarnish the group.



Arizona landlords ask high court to invalidate eviction ban
Court News | 2020/08/15 09:41
Landlord advocacy groups filed a special action with the Arizona State Supreme Court Wednesday seeking to invalidate as unconstitutional Gov. Doug Ducey's moratorium on evictions of people who have missed rent payments because they became ill or lost their income due to the coronavirus.

The Arizona Multihousing Association, the Manufactured Housing Communities of Arizona and several individual property owners filed the action directly with the high court. It argues the moratorium violates the state constitution's separation of powers and its contract clause.

The multihousing association's president and CEO Courtney Gilstrap LeVinus says owners have waived fees, worked with renters to make payments, and helped them fill out government relief applications.

But five months after the moratorium was first imposed “we are at a breaking point,” she said, noting that property owners also have mortgages, taxes and other bills to pay.

She said rental housing is the only area of the state economy that has been compelled to provide a product or service free of charge during the pandemic. Ducey signed the moratorium order on March 24 and recently extended it until Oct. 31.

There was no immediate reaction from the governor's office to the court filing, which named the state and several justices of the peace and constables from around Arizona who are charged with serving eviction notices.

Arizona’s initial 120-day moratorium ending July 22 was supposed to ensure people wouldn’t lose their homes if they got COVID-19 or lost their jobs during pandemic restrictions. But advocates argued it was too early to end the ban because most of the government money set aside to help pay rents and mortgages still hasn’t been doled out.

The Arizona Housing Department still has a backlog of people trying to get rental assistance. Gregory Real Estate Management of Phoenix in July sued Ducey over the moratorium and asked that it be allowed to evict a family in a rental home in the city of Surprise over unpaid rent, which the firm says has passed $8,000.

But a Maricopa County Superior Court judge upheld the moratorium and disagreed with the company's argument that the governor’s action exceeded his authority or was unconstitutional. For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia and death. Pandemic restrictions, such as reducing capacity or closing businesses, are intended to limit crowds that can spread the virus.


New Jersey's top court: Defendant must share phone passcodes
Court Watch | 2020/08/11 09:42
The Supreme Court of New Jersey ruled a defendant must turn over the passcodes for his two phones in response to a search warrant, opening the way for law enforcement to compel other defendants in the state to do the same.

The court's majority decision on Monday was supported by four justices with three dissenting in the case of a former Essex County sheriff’s officer who is suspected of helping a man charged with trafficking drugs, NJ Advance Media reported.

Robert Andrews was charged in 2016 for official misconduct, hindering and obstruction for passing on information about an ongoing law enforcement investigation to the suspect, who was in the same motorcycle club as him.

Andrews had appealed an order from a lower court to turn over the passcodes to his phones so authorities could execute a search warrant on phone calls and texts between the two men.

“It’s time to rethink whether you should keep anything simply private or personal on a personal electronic device because if the government wants it they can now get it,” said Charles J. Sciarra, Andrews’ attorney in a statement.

Sciarra argued, in part, that Andrews did not have to turn over the passcodes because the Fifth Amendment protected him from self-incrimination. But the court found the passcodes were not “testimonial” and noted Andrews did not challenge the search warrants, which give the state “the right to the cellphones’ purportedly incriminating contents,” the majority decision said.

Justice Jaynee LaVecchia, who authored the dissenting opinion, said the law had reached a crossroads.

“Will we allow law enforcement -- and our courts as their collaborators -- to compel a defendant to disgorge undisclosed private thoughts -- presumably memorized numbers or letters -- so that the government can obtain access to encrypted smartphones?” she wrote.

Andrews' attorney did not respond to the newspaper's questions about whether he would appeal the case to the U.S. Supreme Court or turn over his passcodes.

In October, an Oregon court of appeals ruled in a similar case that a defendant there must enter the passcode into a phone found in her purse in response to a search warrant. She entered in the wrong code twice and was ordered to be held for 30 days in jail in contempt of court.

In another case in Louisiana, the FBI said it managed to unlock a defendant's phone before an appeals court issued a decision over whether the law compels him to disclose the password to his phone in response to a search warrant.


‘See you in court’: ACLU files nearly 400 cases versus Trump
Headline Legal News | 2020/08/09 12:38
The day after Donald Trump’s election in November 2016, the American Civil Liberties Union posted a message to him on its website: “See you in court.”

As president, Trump hasn’t personally squared off against the ACLU from the witness stand, but the broader warning has been borne out. As of this week, the ACLU has filed nearly 400 lawsuits and other legal actions against the Trump administration, some meeting with setbacks but many resulting in important victories.

Among other successes for the ACLU, it prevailed in a U.S. Supreme Court case blocking the administration from placing a citizenship question on the 2020 census. It also spearheaded legal efforts that curtailed the policy of separating many migrant children from their parents.

“The assault on civil liberties and civil rights is greater under this administration than any other in modern history,” said the ACLU’s president, Anthony Romero. “It’s meant we’ve been living with a three-alarm fire in every part of our house.”

Since the day Trump took office, the ACLU ? according to a breakdown it provided to The Associated Press ? has filed 237 lawsuits against the administration and about 160 other legal actions, including Freedom of Information Act requests, ethics complaints and administrative complaints.

Of the lawsuits, 174 have dealt with immigrant rights, targeting the family separation policy, detention and deportation practices and the administration’s repeated attempts to make it harder to seek asylum at the U.S.-Mexico border.

The other lawsuits address an array of issues high on the ACLU’s agenda: voting rights, LGBT rights, racial justice and others. In one long-running case, the ACLU succeeded in blocking the administration’s policy of barring young immigrant women in government custody from getting abortions.

“Donald Trump has provided a full employment program for ACLU lawyers on all of our issues,” Romero said.

By comparison, the ACLU says it filed 13 lawsuits and other legal actions against President George W. Bush’s administration in his first term, mostly alleging encroachments on civil liberties related to counter-terrorism policies.




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