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The Supreme Court will evaluate Trump’s expansive claims of presidential power
Securities Class Action |
2025/10/05 07:02
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The Supreme Court is beginning a new term with a sharp focus on President Donald Trump’s robust assertion of executive power.
Pivotal cases on voting and the rights of LGBTQ people also are on the agenda. On Tuesday, the justices will hear arguments over bans passed by nearly half of U.S. states on therapy aimed at changing sexual orientation or gender identity.
The opening session on Monday has lower-profile cases, including a dispute over the right of a criminal defendant to consult with his lawyer during an overnight break in his testimony. The judge in a Texas murder trial ordered defense lawyers not to talk to their client about his testimony.
A major thrust of the next 10 months, however, is expected to be the justices’ evaluation of Trump’s expansive claims of presidential power.
The court’s conservative majority has so far been receptive, at least in preliminary rulings, to many emergency appeals from Trump’s Republican administration. But there could be more skepticism, however, when the court conducts in-depth examinations of some Trump policies, including the president’s imposition of tariffs and his desired restrictions on birthright citizenship.
The justices are hearing a pivotal case for Trump’s economic agenda in early November as they consider the legality of many of his sweeping tariffs. Two lower courts have found the Republican president does not have the power to unilaterally impose wide-ranging tariffs under an emergency powers law.
In December, the justices will take up Trump’s power to fire independent agency members at will, a case that probably will lead the court to overturn, or drastically narrow, a 90-year-old decision. It required a cause, like neglect of duty, before a president could remove the Senate-confirmed officials from their jobs.
The outcome appears to be in little doubt because the conservatives have allowed the firings to take effect while the case plays out, even after lower-court judges found the firings illegal. The three liberal justices on the nine-member court have dissented each time.
Another case that has arrived at the court but has yet to be considered involves Trump’s executive order denying birthright citizenship to children born in the United States to parents who are in the country illegally or temporarily.
The administration has appealed lower-court rulings blocking the order as unconstitutional, or likely so, flouting more than 125 years of general understanding and an 1898 Supreme Court ruling. The case could be argued in the late winter or early spring. |
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Former FBI Director Comey indicted on charges of making false statement
Securities Class Action |
2025/09/27 10:32
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Former FBI Director James Comey was charged Thursday with crimes connected to his Senate testimony in 2020 about an investigation, a major strike against a high-profile figure who has long been the target of President Donald Trump’s anger.
“No one is above the law,” Attorney General Pamela Bondi said.
The indictment accuses Comey of making a false statement to Congress and obstruction of a criminal proceeding. He declared his innocence Thursday night and said, “Let’s have a trial.”
“My family and I have known for years that there are costs to standing up to Donald Trump,” Comey said in a video posted to Substack.
Comey, who was FBI director from 2013 to 2017, was fired by Trump during the president’s first term amid the government’s probe into allegations of ties between Russian officials and Trump’s 2016 campaign.
Trump mentioned Comey last weekend in a social media post in which he complained that no charges had been filed against him yet.
Prosecutors led by special counsel Robert Mueller did not establish that Trump or his associates criminally colluded with Russia in 2016, but they found that Trump’s campaign had welcomed Moscow’s assistance.
Trump and his supporters have called the investigation a “hoax” despite multiple government reviews showing Moscow interfered on behalf of the campaign.
The indictment against Comey accuses him of having lied to a Senate committee when he said he never authorized anyone to serve as an anonymous source to a reporter about an investigation.
Before the charges emerged Thursday, Trump told reporters that Comey was a “bad person.” He later reveled in news of the indictment.
“He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation,” Trump said on his social media platform.
Comey’s disgust for Trump was laid out in his 2018 memoir, “A Higher Loyalty.”
“This president is unethical, and untethered to truth and institutional values,” Comey wrote. “His leadership is transactional, ego driven and about personal loyalty.”
He recalled a private meeting with Trump early in his first presidency in which Trump demanded allegiance. Comey likened it to a Mafia induction.
Earlier this year, the Trump administration said it was investigating a social media post by Comey that Trump and his allies interpreted as a call for violence against the president.
In an Instagram post, Comey wrote “cool shell formation on my beach walk” under a picture of seashells that appeared to form the shapes for “86 47.” The Merriam-Webster dictionary says 86 is slang meaning “to throw out,” “get rid of” or “refuse service to.”
Comey deleted the post and said he didn’t know “some folks associate those numbers with violence.”
Comey’s daughter was a federal prosecutor for 10 years until she was fired in July by the Justice Department. Maurene Comey is suing to get her job back, saying her dismissal was unconstitutional and connected to Trump’s hostility toward her father.
“If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain,” Maurene Comey said in a note to her colleagues. “Do not let that happen. Fear is the tool of a tyrant, wielded to suppress independent thought.”
The White House said the decision came from Justice Department officials.
Separately, James Comey’s son-in-law, Troy Edwards, resigned Thursday as a federal prosecutor, minutes after the former FBI director was indicted. |
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Judge bars deportations of Venezuelans from Texas under the Alien Enemies Act
Securities Class Action |
2025/05/04 10:39
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A federal judge on Thursday barred the Trump administration from deporting any Venezuelans from South Texas under an 18th-century wartime law and said President Donald Trump’s invocation of it was “unlawful.”
U.S. District Court Judge Fernando Rodriguez Jr. is the first judge to rule that the Alien Enemies Act cannot be used against people who, the Republican administration claims, are gang members invading the United States. Rodriguez said he wouldn’t interfere with the government’s right to deport people in the country illegally through other means, but it could not rely on the 227-year-old law to do so.
“Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States,” wrote Rodriguez, who was nominated by Trump in 2018. But, the judge said, “the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.”
In March, Trump issued a proclamation claiming that the Venezuelan gang Tren de Aragua was invading the U.S. He said he had special powers to deport immigrants, identified by his administration as gang members, without the usual court proceedings.
“The Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful,” Rodriguez wrote.
In an interview on Fox News, Vice President JD Vance said the administration will be “aggressively appealing” the ruling and others that hem in the president’s deportation power.
“The judge doesn’t make that determination, whether the Alien Enemies Act can be deployed,” Vance said. “I think the president of the United States is the one who determines whether this country is being invaded.”
The chair of the Congressional Hispanic Caucus, Rep. Adriano Espaillat, D-N.Y., said in a statement the judge had made clear “what we all knew to be true: The Trump administration illegally used the Alien Enemies Act to deport people without due process.”
The Alien Enemies Act has only been used three times before in U.S. history, most recently during World War II, when it was cited to intern Japanese-Americans.
The proclamation triggered a flurry of litigation as the administration tried to ship migrants it claimed were gang members to a notorious prison in El Salvador.
Rodriguez’s ruling is significant because it is the first formal permanent injunction against the administration using the AEA and contends the president is misusing the law. “Congress never meant for this law to be used in this manner,” said Lee Gelernt, the ACLU lawyer who argued the case, in response to the ruling.
Rodriguez agreed, noting that the provision has only been used during the two World Wars and the War of 1812. Trump claimed Tren de Aragua was acting at the behest of the Venezuelan government, but Rodriguez found that the activities the administration accused it of did not amount to an invasion or “predatory incursion,” as the statute requires.
“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation,” Rodriguez wrote. “Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA.”
If the administration appeals, it would go first to the New Orleans-based 5th U.S. Circuit Court of Appeals. That is among the nation’s most conservative appeals courts and it also has ruled against what it saw as overreach on immigration matters by both the Obama and Biden administrations. In those cases, Democratic administrations had sought to make it easier for immigrants to remain in the U.S.
The administration, as it has in other cases challenging its expansive view of presidential power, could turn to appellate courts, including the U.S. Supreme Court, in the form of an emergency motion for a stay pending an appeal.
The Supreme Court already has weighed in once on the issue of deportations under the AEA. The justices held that migrants alleged to be gang members must be given “reasonable time” to contest their removal from the country. The court has not specified the length of time.
It’s possible that the losing side in the 5th Circuit would file an emergency appeal with the justices that also would ask them to short-circuit lower court action in favor of a definitive ruling from the nation’s highest court. Such a decision likely would be months away, at least.
The Texas case is just one piece of a tangle of litigation sparked by Trump’s proclamation. |
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A court in Argentina orders the arrest of Venezuela’s president
Securities Class Action |
2024/09/24 06:25
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A federal court in Argentina on Monday ordered the “immediate” arrest of Venezuelan President Nicolás Maduro and Interior Minister Diosdado Cabello for alleged crimes against humanity committed against dissidents.
The court order came in response to an appeal by Argentine prosecutor Carlos Stornelli after a previous ruling dismissed the complaint against both Venezuelan leaders.
Federal court members Pablo Bertuzzi, Leopoldo Bruglia and Mariano Llorens ordered that “the arrest warrants for Nicolás Maduro and Diosdado Cabello be executed immediately, and that their international arrest should be ordered via Interpol for the purposes of extradition to the Argentine Republic,” according to the resolution.
The order comes hours after Venezuela’s Supreme Court issued an arrest warrant for Argentina’s President Javier Milei amid a controversy between the two countries over the detention in Argentine territory — and delivery to the United States — of a cargo plane that Washington says was sold by a sanctioned Iranian airline to a Venezuelan state-owned company.
The tit-for-tat heightens the tensions between Venezuela and Argentina that have been brewing since far-right Milei assumed power in December and that has led to a breakdown in diplomatic relations.
The case against Maduro and his right-hand man was brought before the Argentine courts by the Argentine Forum for Democracy in the Region, FADER, in early 2023, taking into account Argentina’s jurisprudence on human rights and the principle of universal jurisdiction that allows action to be taken against crimes against humanity, even if they have been committed outside its borders.
According to the plaintiffs, a systematic plan of repression, forced disappearance of persons, torture, homicides and persecution against dissidents has been in place in Venezuela since 2014.
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Former Rep. George Santos pleads guilty in federal fraud case
Securities Class Action |
2024/08/20 09:08
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George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment.
Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial.
“I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom.
Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution.
Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7.
Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working.
Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit.
The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members.
Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022.
But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography.
New questions then emerged about his campaign funds.
He was first indicted on federal charges in May 2023, but refused to resign from office.
Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.”
Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.”
Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use.
Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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