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Texas is using disaster declarations to install buoys and razor wire
Lawyer Blog Updates |
2023/07/25 11:54
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Wrecking ball-sized buoys on the Rio Grande. Razor wire strung across private property without permission. Bulldozers changing the very terrain of America’s southern border.
For more than two years, Texas Republican Gov. Greg Abbott has escalated measures to keep migrants from entering the U.S., pushing legal boundaries with a go-it-alone bravado along the state’s 1,200-mile (1,930-kilometer) border with Mexico. Now blowback over the tactics is widening, including from within Texas.
A state trooper’s account of officers denying migrants water in 100-degree Fahrenheit (37.7 Celsius) temperatures and razor wire leaving asylum-seekers bloodied has prompted renewed criticism. The Mexican government, some Texas residents along the border and the Biden administration are pushing back. On Monday, the U.S. Justice Department sued Abbott over the buoy barrier that it says raises humanitarian and environmental concerns, asking a federal court to require Texas to dismantle it.
bbott, who cruised to a third term in November while promising tougher border crackdowns, has used disaster declarations as the legal bedrock for some measures.
Critics call that a warped view. “There are so many ways that what Texas is doing right now is just flagrantly illegal,” said David Donatti, an attorney for the Texas American Civil Liberties Union.
Abbott did not respond to requests for comment. He has repeatedly attacked President Joe Biden’s border policies, tweeting Friday that they “encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.”
The Biden administration has said illegal border crossings have declined significantly since new immigration rules took effect in May. |
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Judge weighs Missouri GOP dispute over estimated cost of allowing abortions
Lawyer Blog Updates |
2023/06/20 11:05
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Two top Republican state officials argued Wednesday over how much it would cost Missouri to restore the right to abortion, with the state attorney general insisting that the figure should account for lost revenue that wouldn’t be collected from people who otherwise would be born.
The issue came up during a trial over a proposed ballot measure that would let voters decide in 2024 whether to amend the state constitution to guarantee abortion rights.
Abortions were almost completely banned in Missouri following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade. There are exceptions for medical emergencies, but not for cases of rape or incest.
Supporters are trying to put a proposed amendment before voters next year that would protect abortion rights and pregnant women, as well as access to birth control.
But the effort stalled in April because of a spat between Auditor Scott Fitzpatrick and newly appointed Attorney General Andrew Bailey, who argues that the cost could be far greater than what his Republican peer estimated.
ACLU of Missouri lawyer Tony Rothert told Beetem on Wednesday that his clients at the abortion rights campaign are stuck in limbo because the two officeholders are at an impasse, and that the campaign can’t begin collecting voter signatures without an official fiscal note. |
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Austrian court restarts US extradition proceedings for Ukrainian
Lawyer Blog Updates |
2023/06/12 12:13
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An Austrian court said Friday that it has ruled in favor of Ukrainian businessman Dymitro Firtash in a years-long legal saga over a U.S. bid to have him extradited to face corruption charges, sending the extradition case back to square one.
Firtash faces a U.S. indictment accusing him of a conspiracy to pay bribes in India to mine titanium, which is used in jet engines. He denies any wrongdoing.
He was arrested in Austria in 2014 and then freed on 125 million euros ($136 million) bail, kicking off a still-unresolved legal saga. A Vienna court initially ruled against extradition on the grounds that the indictment was politically motivated.
A higher court in February 2017 rejected that reasoning as “insufficiently substantiated” and ruled that Firtash could be extradited. Austria’s Supreme Court of Justice upheld that ruling in 2019.
The country’s justice minister at the time approved the extradition, but a Vienna court judge ruled it could only take place after a decision on a defense call to reopen the case. Firtash backed that June 2019 motion with “numerous documents, including written witness statements,” Vienna’s upper state court said.
In March 2022, a Vienna court ruled against reopening the case. But the upper state court said Friday that it has now ruled in favor of Firtash and decided to allow reopening extradition proceedings, overturning the 2017 ruling. It pointed to new evidence.
Judges in Vienna will now have to consider anew whether Firtash can be sent to the United States.
In June 2019, a Chicago federal judge rejected a motion to dismiss the indictment against Firtash, who has argued that the U.S. has no jurisdiction over crimes in India. However, the judge ruled that it does, because any scheme would have impacted a Chicago-based company.
American aviation company Boeing, based in Chicago, has said it considered business with Firtash but never followed through. It is not accused of any wrongdoing.
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Assange loses latest bid to stop extradition to the U.S. on spying charges
Lawyer Blog Updates |
2023/06/09 16:03
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A British judge has rejected the latest attempt by WikiLeaks founder Julian Assange to fight extradition to the United States to face spying charges.
High Court justice Jonathan Swift said a new appeal would simply “re-run” arguments that Assange’s lawyers had already made and lost.
Assange has battled in British courts for years to avoid being sent to the U.S., where he faces 17 charges of espionage and one charge of computer misuse over WikiLeaks’ publication of classified diplomatic and military documents more than a decade ago.
In 2021, a British district judge ruled that Assange should not be extradited because he was likely to kill himself if held under harsh U.S. prison conditions. U.S. authorities later provided assurances that the Australia-born Assange wouldn’t face the severe treatment that his lawyers said would put his physical and mental health at risk.
Those assurances led Britain’s High Court and Supreme Court to overturn the lower court’s ruling, and the British government authorized extradition in June 2022.
Assange is seeking to halt extradition by obtaining a new court hearing on parts of his case that were dismissed by the first judge.
But in a ruling made public on Friday, Swift said all eight parts of Assange’s potential appeal were not “arguable” and should not be heard.
“The proposed appeal comes to no more than an attempt to re-run the extensive arguments made to and rejected by the district judge,” he said.
Assange’s wife, Stella Assange, said the WikiLeaks founder would make a new appeal attempt at a High Court hearing on Tuesday. He has almost exhausted his avenues of appeal in the U.K. but could still try to take his case to the European Court of Human Rights. |
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Biden and McCarthy reach a final deal and now must sell it to Congress
Lawyer Blog Updates |
2023/05/29 10:30
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With days to spare before a potential first-ever government default, President Joe Biden and House Speaker Kevin McCarthy reached final agreement Sunday on a deal to raise the nation’s debt ceiling and worked to ensure enough support in Congress to pass the measure in the coming week.
The Democratic president and Republican speaker spoke late in the day as negotiators rushed to draft and post the bill text for review, with compromises that neither the hard-right or left flank is likely to support. Instead, the leaders are working to gather backing from the political middle as Congress hurries toward votes before a June 5 deadline to avert a damaging federal default.
“Good news,” Biden declared Sunday evening at the White House.
“The agreement prevents the worst possible crisis, a default, for the first time in our nation’s history,” he said. “Takes the threat of a catastrophic default off the table.”
The president urged both parties in Congress to come together for swift passage. “The speaker and I made clear from the start that the only way forward was a bipartisan agreement,” he said.
The final product includes spending cuts but risks angering some lawmakers as they take a closer look at the concessions. Biden told reporters at the White House upon his return from Delaware that he was confident the plan will make it to his desk.
McCarthy, too, was confident in remarks at the Capitol: “At the end of the day, people can look together to be able to pass this.”
The days ahead will determine whether Washington is again able to narrowly avoid a default on U.S. debt, as it has done many times before, or whether the global economy enters a potential crisis.
In the United States, a default could cause financial markets to freeze up and spark an international financial crisis. Analysts say millions of jobs would vanish, borrowing and unemployment rates would jump, and a stock-market plunge could erase trillions of dollars in household wealth. It would all but shatter the $24 trillion market for Treasury debt.
Anxious retirees and others were already making contingency plans for missed checks, with the next Social Security payments due soon as the world watches American leadership at stake.
McCarthy and his negotiators portrayed the deal as delivering for Republicans though it fell well short of the sweeping spending cuts they sought. Top White House officials were briefing Democratic lawmakers and phoning some directly to try to shore up support.
One surprise was a provision important to influential Sen. Joe Manchin, D-W.Va., giving congressional backing for the controversial Mountain Valley Pipeline, a natural gas project, that is certain to raise questions. |
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