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Justices to take up dispute over subpoenas for Trump records
Court Watch | 2019/12/10 13:38
The Supreme Court said Friday it will hear President Donald Trump’s pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump’s tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it’s almost certain the court won’t hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president’s power to refuse a formal request from Congress.


Trump Has Successfully Gamed the Courts
Court Watch | 2019/12/08 13:39
At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations.

What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump.

None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.



Brazil court delivers setback to ex-leader da Silva
Court Watch | 2019/11/28 20:47

A court on Wednesday upheld a corruption conviction against former Brazilian President Luiz Inacio Lula da Silva, who was released from prison earlier this month.

A three-judge panel in Porto Alegre also ruled that da Silva’s prison sentence should be raised by four years to 17 years.

Da Silva remains free for now. He was released Nov. 8 after 19 months in jail when the Supreme Court ruled a person can be imprisoned only after all appeals have been exhausted.

Da Silva, who governed Brazil from 2003 to 2010, denies wrongdoing and says corruption cases against him are politically motivated.

The judges in Porto Alegre were ruling on a case in which da Silva allegedly benefited from upgrades that the Odebrecht and OAS firms made to a Sao Paulo farm.


Indian court rules in favor of Hindu temple on disputed land
Court Watch | 2019/11/09 18:04
India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.

The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.

Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.

The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."

The disputed land, meanwhile, will be given to a board of trustees for the construction of a temple to the Hindu god Ram.


Dutch Supreme Court upholds Srebrenica deaths liability
Court Watch | 2019/07/20 12:36
The Dutch Supreme Court upheld Friday a lower court’s ruling that the Netherlands is partially liable in the deaths of some 350 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre.

The Netherlands’ highest court ruled that Dutch United Nations peacekeepers evacuated the men from their military base near Srebrenica on July 13, 1995, despite knowing that they “were in serious jeopardy of being abused and murdered” by Bosnian Serb forces.

Presiding Judge Kees Streefkerk said “the state did act wrongfully” and told relatives of the dead they can now claim compensation from the Dutch government.

“They are responsible and they will always have a stain,” Munira Subasic, one of the relatives who brought the case, said angrily of the Dutch. “We know what happened; we don’t need this court to tell us.”

The ruling upholding a 2017 appeals court judgment was the latest in a long-running legal battle by a group of relatives known as The Mothers of Srebrenica to hold the Dutch government accountable for the deaths of their family members in Europe’s worst massacre since World War II.

Dutch Defense Minister Ank Bijleveld-Schouten said the government accepted the ruling.

“We want to express again our sympathy to the relatives of the victims,” she said in a statement. “The Srebrenica genocide must never be forgotten.”

The 350 men were among 5,000 terrified Muslim residents of the Srebrenica area who took shelter in the Dutch peacekeepers’ base when the region was overrun by Bosnian Serb forces commanded by Gen. Ratko Mladic, who was convicted of genocide by a U.N. war crimes tribunal in 2017 for masterminding the massacre that left some 8,000 Muslim men and boys dead. Mladic has appealed.



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