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Appeals court keeps Flynn case alive, won’t order dismissal
Attorney Interview |
2020/09/01 09:12
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A federal appeals court in Washington declined Monday to order the dismissal of the Michael Flynn prosecution, permitting a judge to scrutinize the Justice Department’s request to dismiss its case against President Donald Trump’s former national security adviser.
The decision keeps the case at least temporarily alive and rebuffs efforts by both Flynn’s lawyers and the Justice Department to force the prosecution to be dropped without further inquiry from the judge, who has for months declined to dismiss it. The ruling is the latest development in a criminal case that has taken unusual twists and turns over the last year and prompted a separation of powers tussle involving a veteran federal judge and the Trump administration.
In a separate ruling Monday, a three-judge panel of the same appeals court again threw out a lawsuit by House Democrats to compel former White House counsel Don McGahn to appear before a congressional committee.
The Flynn conflict arose in May when the Justice Department moved to dismiss the prosecution despite Flynn’s own guilty plea to lying to the FBI about his contacts with the Russian ambassador during the presidential transition period.
But U.S. District Judge Emmet Sullivan, who had upbraided Flynn for his behavior at a 2018 court appearance, signaled his skepticism at the government’s unusual motion. He refused to dismiss the case and instead scheduled a hearing and appointed a retired federal judge to argue against the Justice Department’s position. That former judge, John Gleeson, challenged the motives behind the department’s dismissal request and called it a “gross abuse” of prosecutorial power.
Flynn’s lawyers sought to bypass Sullivan and obtain an appeals court order that would have required the case’s immediate dismissal. They argued that Sullivan had overstepped his bounds by scrutinizing a dismissal request that both sides, the defense and the Justice Department, were in agreement about and that the case was effectively moot once prosecutors decided to abandon it.
At issue before the court was whether Sullivan could be forced to grant the Justice Department’s dismissal request without even holding a hearing into the basis for the motion.
“We have no trouble answering that question in the negative,” the court wrote in an unsigned opinion for the eight judges in the majority.
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Slovakia court set to give verdict in reporter's slaying
Attorney Interview |
2020/08/31 09:18
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A court in Slovakia is expected to issue a verdict Thursday in the slayings of an investigative journalist and his fiancee, a crime that shocked the country and led a government to fall.
The state prosecution has requested 25-year prison terms for three remaining defendants, one of them a businessman accused of masterminding the killings. They all pleaded not guilty to murdering journalist Jan Kuciak, and fiancee Martina Kusnirova, both aged 27.
But the trial at the Specialized Criminal Court in Pezinok, which handles Slovakia's most serious cases, might not be coming to an end, yet.
A three-judge tribunal originally was set to deliver a verdict in early August but delayed its decision, citing a need for more time.
Prosecutors submitted additional evidence on Monday. The panel could decide to postpone the verdict again to give them a chance to present the evidence in court.
Kuciak was shot in the chest and Kusnirova was shot in the head at their home in the town of Velka Maca, east of Bratislava, on Feb. 21, 2018.
The killings prompted major street protests unseen since the 1989 anti-communist Velvet Revolution in Czechoslovakia. The ensuing political crisis led to the collapse of a coalition government headed by populist Prime Minister Robert Fico and to the dismissal of the national police chief.
Kuciak had been writing about alleged ties between the Italian mafia and people close to Fico when he was killed, and also wrote about corruption scandals linked to Fico’s leftist Smer - Social Democracy party.
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Lawsuit: Trump still blocks Twitter critics after court loss
Attorney Interview |
2020/08/01 09:38
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An organization that successfully proved President Donald Trump violated the law when he blocked Twitter critics sued him anew on Friday, saying he continues to reject some accounts two years after losing in court.
The Knight First Amendment Institute at Columbia University sued Trump a second time in Manhattan federal court over use of his @realDonaldTrump Twitter account, saying the president and his staff continue to block some accounts.
Some individuals identified in a lawsuit filed in 2017, along with dozens of others who were blocked on the basis of viewpoint, have been unblocked, the lawsuit said.
But lawyers say the White House has refused to unblock those who can't identify which tweet led them to be blocked and others who were blocked before Trump was sworn in more than three years ago.
“It shouldn’t take another lawsuit to get the president to respect the rule of law and to stop blocking people simply because he doesn’t like what they’re posting,” said Katie Fallow, senior staff attorney at the Knight Institute, in a release.
The lawsuit identified as plaintiffs five individuals who remain blocked, including a digital specialist with the American Federation of Teachers, a freelance writer and researcher, a former teacher, an actor and Donald Moynihan, a professor of public policy at Georgetown University.
Moynihan could not point to a specific tweet that caused him to be blocked because he periodically deletes tweets, the lawsuit said. It added that when the institute pressed the White House to unblock Moynihan, the request was rejected. |
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Ex-Trump lawyer Michael Cohen back in federal prison
Attorney Interview |
2020/07/12 12:04
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President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic.
Records obtained by The Associated Press said Cohen was ordered into custody after he “failed to agree to the terms of Federal Location Monitoring” in Manhattan.
But Cohen’s attorneys disputed that, saying Cohen took issue with a condition of his home confinement that forbid him from speaking with the media and publishing a tell-all book he began working on in federal prison. The rules also prohibited him from “posting on social media,” the records show.
“The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” the document says.
Cohen has written a tell-all book that he had been preparing to publish about his time working for the Trump Organization, his lawyers said.
“Cohen was sure this was written just for him,” his attorney, Jeffrey Levine, said of the home confinement conditions. “I’ve never seen anything like this.”
A Justice Department official pushed back on that characterization and said Cohen had refused to accept the terms of home confinement, specifically that he submit to wearing an ankle monitor. The official could not discuss the matter publicly and spoke to AP on condition of anonymity.
Cohen legal adviser Lanny Davis called that “completely false,” adding that “at no time did Michael ever object to the ankle bracelet.”
Cohen later agreed to accept all of the requirements of home confinement but was taken into custody nevertheless, Davis said. “He stands willing to sign the entire document if that’s what it takes” to be released. |
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