|
|
|
New rules regarding election certification in Georgia to get test in court
Stock Market News |
2024/09/30 07:32
|
Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court this week.
The Republican majority on the State Election Board — made up of three members praised by former President Donald Trump praised by name at a recent rally — voted to approve the rules last month. Democrats filed a legal challenge and argue the rules could be used “to upend the statutorily required process for certifying election results in Georgia.”
A bench trial, meaning there is a judge but no jury, is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney.
One of the rules provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections.”
A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.
Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.
Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.
The challenge to the certification rules filed by Democratic groups and others asks the judge to confirm that election superintendents — a multi-person election board in most counties — have a duty to certify an election by the deadline provided in the law and have no discretion to withhold or delay certification. They ask that it should be declared invalid if the judge believes either of the rules allows such discretion.
Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.
The challenge was filed by the state and national Democratic parties, as well as county election board members from counties in metro Atlanta, most chosen by the local Democratic Party, as well voters who support Democrats and two Democratic state lawmakers running for reelection. It was filed against the State Election Board, and the state and national Republican parties joined the fight on the board’s side.
The Democrats concede in their challenge that the two rules “could be read not to conflict with Georgia statutes” but they argue “that is not what the drafters of those rules intended.”
“According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional,” they wrote in a court filing.
They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”
State lawyers argue that since the argument against the rules is based on the alleged intent of the people who presented them or the way some officials could interpret them, rather than on the text of the rules themselves, the challenge should be thrown out.
|
|
|
|
|
|
|
Sean ‘Diddy’ Combs jailed by judge after sex trafficking indictment
Stock Market News |
2024/09/18 06:28
|
Sean “Diddy” Combs headed to jail Tuesday to await trial in a federal sex trafficking case that accuses him of presiding over a sordid empire of sexual crimes protected by blackmail and shocking acts of violence.
The music mogul is charged with racketeering conspiracy and sex trafficking. The indictment against him lists allegations that go back to 2008.
He’s accused of inducing female victims and male sex workers into drugged-up, sometimes dayslong sexual performances dubbed “Freak Offs.” The indictment also refers obliquely to an attack on his former girlfriend, the R&B singer Cassie, that was captured on video.
“Not guilty,” Combs told a court, standing to speak after expressionlessly listening to the allegations with his uncuffed hands folded in his lap.
After U.S. Magistrate Judge Robyn Tarnofsky declined to grant him bail, Combs took a long swig from a water bottle, then was led out of court, turning toward family members in the audience as he went.
“Mr. Combs is a fighter. He’s going to fight this to the end. He’s innocent,” his lawyer, Marc Agnifilo, said after court. He plans to appeal the bail decision.
The Bad Boy Records founder is accused of sexually abusing and using physical force toward women and getting his personal assistants, security and household staff to help him hide it all. Prosecutors say he also tried to bribe and intimidate witnesses and victims to keep them quiet.
“Simply put, he is a serial abuser and a serial obstructor,” Assistant U.S. Attorney Emily Johnson told a court.
Agnifilo acknowledged Combs was “not a perfect person,” saying he’d used drugs and had been in “toxic relationships” but was getting treatment and therapy.
“The evidence in this case is extremely problematic,” the attorney told the court.
He maintained that the case stemmed from one long-term, consensual relationship that faltered amid infidelity. He didn’t name the woman, but the details matched those of Combs’ decade-long involvement with Cassie, whose legal name is Casandra Ventura.
The “Freak Offs,” Agnifilo contended, were an expansion of that relationship, and not coercive.
“Is it sex trafficking? Not if everybody wants to be there,” Agnifilo said, arguing that authorities were intruding on his client’s private life.
Prosecutors said in court papers that they had interviewed more than 50 victims and witnesses and expect the number to grow. They said they would use financial, travel and billing records, electronic data and communications and videos of the “Freak Offs” to prove their case.
Combs was arrested Monday in Manhattan, roughly six months after federal authorities raided his luxurious homes in Los Angeles and Miami.
A conviction on every charge would require at least 15 years in prison, with the possibility of a life sentence.
The indictment describes Combs as the head of a criminal enterprise that engaged or attempted to engage in sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.
Combs and his associates wielded his “power and prestige” to intimidate and lure women into his orbit, “often under the pretense of a romantic relationship,” according to the indictment.
It says he then would use force, threats and coercion to get the women to engage with male sex workers in the “Freak Offs” — “elaborate and produced sex performances” that Combs arranged and recorded, creating dozens of videos. He ensured their participation by procuring and providing drugs, controlling their careers, leveraging his financial support and using intimidation and violence, according to the indictment. It said his employees facilitated “Freak Offs” by taking care of tasks like travel and hotel arrangements and stocking them with such supplies as drugs and baby oil.
The events could last for days, and Combs and victims would often receive IV fluids to recover from the exertion and drug use, the indictment said.
During the searches of Combs’ homes earlier this year, law enforcement seized narcotics, videos of the performances and more than 1,000 bottles of baby oil and lubricant, according to prosecutors. They said agents also seized firearms and ammunition, including three AR-15s with defaced serial numbers in his bedroom closet in Miami.
Combs’ lawyer said his client didn’t own the guns, noting that he employs a security company.
The indictment says Combs choked, shoved, hit and kicked people, causing injuries that often took days or weeks to heal. His employees and associates sometimes kept victims from leaving or tracked down those who tried, the indictment said.
It alleges that Combs used explicit recordings as “collateral” to ensure the women’s continued obedience and silence. He also exerted control over victims by promising career opportunities, providing and threatening to withhold financial support, dictating how they looked, monitoring their health records and controlling where they lived, according to the indictment. |
|
|
|
|
|
|
Algerian court certifies Tebboune’s landslide reelection win
Stock Market News |
2024/09/14 11:04
|
Algeria’s constitutional court on Saturday certified the landslide victory of President Abdelmadjid Tebboune in last weekend’s election after retabulating vote counts that he and his two opponents had called into question.
The court said that it had reviewed local voting data to settle questions about irregularities that Tebboune’s opponents had alleged in two appeals on Monday.
“After verification of the minutes of the regions and correction of the errors noted in the counting of the votes,” it had lowered Tebboune’s vote share and determined that his two opponents had won hundreds of thousands more votes than previously reported, said Omar Belhadj, the constitutional court’s president.
The court’s decision makes Tebboune the official winner of the Sept. 7 election. His government will next decide when to inaugurate him for a second term.
The court’s retabulated figures showed Tebboune leading Islamist challenger Abdellali Hassan Cherif by around 75 percentage points. With 7.7 million votes, the first-term president won 84.3% of the vote, surpassing 2019 win by millions of votes and a double-digit margin.
Cherif, running with the Movement of Society for Peace, won nearly 950,000 votes, or roughly 9.6%. The Socialist Forces Front’s Youcef Aouchiche won more than 580,000 votes, or roughly 6.1%.
Notably, both challengers surpassed the threshold required to receive reimbursement for campaign expenses. Under its election laws, Algeria pays for political campaigns that receive more than a 5% vote share. The results announced by the election authority last week showed Cherif and Aouchiche with 3.2% and 2.2% of the vote, respectively. Both were criticized for participating in an election that government critics denounced as a way for Algeria’s political elite to make a show of democracy amid broader political repression.
Throughout the campaign, each of the three campaigns emphasized participation, calling on voters and youth to participate and defy calls to boycott the ballot. The court announced nationwide turnout was 46.1%, surpassing the 2019 presidential election when 39.9% of the electorate participated.
|
|
|
|
|
|
|
Protesters storm Mexico’s Senate after ruling party wins votes for court overhaul
Stock Market News |
2024/09/11 08:22
|
Hundreds of protesters broke into Mexico’s Senate on Tuesday as lawmakers weighed a contentious plan to overhaul the country’s judiciary, forcing the body to take a temporary recess for the safety of the senators.
The shut down came just hours after Mexico’s ruling party, Morena, wrangled the votes it needed to jam through the proposal after one member of an opposition party flipped to support it.
That move and other political maneuvering ahead of a vote on the plan championed by outgoing President Andrés Manuel López Obrador fueled even more outrage after weeks of protests by judicial employees and law students.
Critics and observers say the plan, in which all judges would be elected, could threaten judicial independence and undermine the system of checks and balances.
Some protesters entered the Senate chambers in an effort to block the vote after they said lawmakers were not listening to their demands. Protesters broke through the door of the Senate chamber pushing aggressively, using pipes and chains. At least one person fainted after protesters broke in.
“The judiciary isn’t going to fall,” yelled the protesters, waving Mexican flags and signs against the overhaul. They were joined by a number of opposition senators as they chanted in the chamber. Others outside the court roared when newscasters announced the Senate was taking a recess.
Among them was Alejandro Navarrete, a 30-year-old judicial worker, who said that people like him working in the courts “knowing the danger the reform represents” came to call on the Senate to strike down the proposal.
“They have decided to sell out the nation, and sell out for political capital they were offered, we felt obligated to enter the Senate,” he said, carrying a Mexican flag. “Our intention is not violent, we didn’t intend to hurt them, but we intend to make it clear that the Mexican people won’t allow them to lead us into a dictatorship.”
Despite unrest in recent weeks, the plan sailed through the lower chamber of Congress last week, and was passed onto the Senate, where López Obrador’s Morena party lacked the necessary supermajority to approve it. In recent weeks, it was able to peel off two senators from an opposition party, but came into this week still missing one more.
It was unclear where that vote would come from because the country’s opposition vehemently opposes the plan. But over the weekend, observers began to speculate that a senator from the conservative National Action Party (PAN), Miguel Ángel Yunes Márquez, would support Morena as he refused to answer calls from his party leadership.
On Tuesday, Yunes Márquez announced he would take leave due to health issues and be replaced by his father, Miguel Ángel Yunes Linares, a former governor of Veracruz said he would vote for the plan. He said he knew the plan was “not the best” but said more laws down the line could improve it.
“Mexico is not going to be destroyed for approving this reform, nor will the reform automatically change the reality of a justice system that is calling out for fundamental change,” Yunes Linares said.
Yunes Linares strolled into the Senate chambers and was met with applause and chants of “hero!” by Morena senators and screams of “traitor!” from his own party. One PAN senator, Lilly Téllez, even threw dozens of coins at Yunes Linares, calling him a ”traitor who sold out his country” for his own benefit. A Senate vote was expected Wednesday.
The national head of PAN, Marko Cortés, claimed that it “is evident” that there was an “impunity pact” between the Yuneses and the government so he would vote in favor of the overhaul. Cortés was referring to a July arrest order for Sen. Yunes Márquez, for alleged falsification of documents and fraud related to his candidacy.
Yunes had challenged it and got a temporary suspension, calling it a political persecution by the governing Morena party, the same party his father now appears ready to support.
His father, Yunes Linares, dodged questions from the media about how he would vote but accused Cortés of “lynching” him and claimed it was “absolutely false” that he has been coerced to vote for the overhaul. He was flanked by two Morena senators as he spoke.
A Yunes vote in favor would allow the ruling party to clear the biggest hurdle in making the proposal law. If it passes the Senate, it will have to be ratified by the legislatures of 17 of Mexico’s 32 states, but the governing party is believed to have the necessary support.
|
|
|
|
|
|
|
A man who attacked a Nevada judge in court pleads guilty but mentally ill
Stock Market News |
2024/09/05 08:20
|
A man whose courtroom attack on a judge in Las Vegas was recorded on video has pleaded guilty but mentally ill to attempted murder and other charges.
Deobra Delone Redden ended his trial Thursday after Clark County District Court Judge Mary Kay Holthus testified that she feared for her life when Redden vaulted over her bench and desk and landed on her. The attack happened Jan. 3 as Holthus was about to deliver Redden’s sentence in a separate felony attempted battery case.
Redden’s defense attorney, Carl Arnold, said in a statement Friday that the plea “reflects a delicate balance between accepting responsibility for a regrettable incident and recognizing the impact of Mr. Redden’s untreated mental illness at the time.”
Arnold told jurors who began hearing evidence on Tuesday that Redden had not taken prescribed medication to control his diagnosed schizophrenia. Holthus testified that she felt “defenseless” during the attack and that court officials and attorneys who came to her aid saved her life, the Las Vegas Review-Journal reported.
Law clerk Michael Lasso told the jury he saw Holthus’ head hit the floor and Redden grab her hair. “I absolutely thought, ‘He’s going to kill her,’” Lasso testified. He said he wrestled Redden away, punched him to try to subdue him and saw Redden hitting a corrections officer who also intervened.
An armed courtroom marshal suffered a bleeding gash on his forehead and a dislocated shoulder, according to court officials and witnesses. Holthus was not hospitalized and returned to work after treatment for her injuries. A prosecutor for more than 27 years, she was elected to the state court bench in 2018.
Redden, 31, is already serving prison time for other felony battery convictions. Prosecutor John Giordani said Friday he could face up to 86 years for his pleas to eight felonies, which also included battery of a protected person age 60 or older resulting in substantial bodily harm, intimidating a public officer and battery by a prisoner.
Clark County District Court Judge Susan Johnson ruled that Redden was competent and capable of entering his plea, the Review-Journal reported. Sentencing was scheduled for Nov. 7.
Arnold said in his statement that he will ask Johnson to order mental health treatment for his client behind bars.
Giordani said Redden told three correctional staff members after the attack that he tried to kill Holthus.
“While he clearly has past mental issues, he made a choice that day and failed to control his homicidal impulses,” the prosecutor said. |
|
|
|
|
|
|
 |
Investment Fraud Litigation |
|
|
|
|
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.
|
|
|
| |
| |
| |
|
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 |
|
Legal News RSS Feed
