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Travel ban decision in hands of federal appeals court judges
Headline Legal News | 2017/02/10 23:46
A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.

It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.

"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.

A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.

Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"

The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.


Kenya court blocks closing of world's biggest refugee camp
Headline Legal News | 2017/02/08 23:47
A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.

Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."

Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.

Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.

The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.

President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."

Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that.



Aaron Hernandez expected in court as murder trial nears
Headline Legal News | 2017/01/20 15:43
Former NFL star Aaron Hernandez is expected in a Boston courtroom for a pretrial hearing in his upcoming double murder trial.

Hernandez is accused of killing two men he encountered at a Boston nightclub in 2012. Prosecutors say the former New England Patriots tight end followed the men and opened fire on their car at a stop light after one of them accidentally bumped into Hernandez and spilled his drink.

Hernandez is due in Suffolk Superior Court Thursday, when a judge is expected to hear arguments on defense motions. Hernandez's trial is scheduled to begin next month.

Hernandez has pleaded not guilty. He's already serving a life sentence in the 2013 killing of semi-professional football player Odin Lloyd.


Court ponders mass murderer Breivik's prison conditions
Headline Legal News | 2017/01/19 15:42
An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.

The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.

Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.

The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.

He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."

Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.

The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.

In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.



Gambia's leader says only court can declare who's president
Headline Legal News | 2017/01/11 01:00
Gambia's outgoing President Yahya Jammeh is criticizing foreign pressure for him to step down and calling on Gambians to wait for a Supreme Court decision to determine the credibility of the Dec. 1 elections that he lost.

On Tuesday, thousands of supporters of Jammeh's Alliance for Patriotic Reorientation and Construction gathered around a Supreme Court hearing, pushing for the annulment of the election outcome. The Supreme Court, with only one sitting member, adjourned until Monday but said it likely cannot hear the petition filed by the party until May, when the Nigeria and Sierra Leone judges appointed by Jammeh are available.

The delay creates uncertainty that many fear could turn to violence. Jammeh at first conceded defeat to opposition coalition candidate Adama Barrow but later called for a new vote, saying the Dec. 1 elections had irregularities.

The coalition has said it plans to move forward with Barrow's inauguration on Jan. 19, at the end of Jammeh's mandate, and the United Nations, European Union and West African bloc have called on Jammeh to respect the election and step down from power.

"Only the Supreme Court can declare anyone a president. So I ask anyone of us to respect the supreme law of the republic and await the Supreme Court review on the election result," said Jammeh in a late Tuesday address on state-run TV.

The incumbent criticized interference from other countries, including those of the Economic Community of West African States, which on Friday will send a delegation to try to persuade Jammeh to step down.



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