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Trump Foundation lawsuit paused until higher court weighs in
Legal Blog News |
2018/10/24 12:27
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A New York judge on Thursday mothballed a lawsuit over President Donald Trump's charitable foundation until a higher court rules in an unrelated case whether a sitting president can be sued in state court.
State Supreme Court Justice Saliann Scarpulla commented after hearing arguments from a Trump attorney who wants her to dismiss the lawsuit brought by New York state's Democratic attorney general.
She said she'll wait to decide whether the lawsuit proceeds after an intermediate state appeals court rules whether Trump must face a defamation lawsuit brought by a 2006 contestant on "The Apprentice."
Supreme Court Appellate Division justices did not immediately rule after hearing arguments last week on claims by ex-contestant Summer Zervos, a California restaurateur, who says Trump defamed her when he called her a liar for accusing him of unwanted kissing and groping in two 2007 incidents.
Trump's lawyers, seeking to dismiss the lawsuit or delay it until he is no longer in office, say a sitting president can't be sued in state court over conduct outside official duties.
A key question will be whether a 1997 U.S. Supreme Court ruling forcing then-President Bill Clinton to face a federal sexual harassment lawsuit concerning an alleged encounter with an Arkansas state employee while he was governor applies to state courts as well.
Scarpulla said that if the state appeals judges decide that the Clinton ruling is "good law, then I think this case will continue."
The lawsuit alleged Trump and his foundation used his charity's money to settle business disputes and to boost his 2016 presidential campaign.
Brought against Trump and three of his children who serve as the foundation's directors, the lawsuit seeks $2.8 million in restitution and the dissolution of the foundation.
On Thursday, Scarpulla seemed sympathetic to some of the New York state arguments, but she repeatedly said she was required at this stage of the litigation to accept its claims as true.
Attorney Yael Fuchs, arguing for New York state, said the foundation "broke some of the most basic laws that apply" to charitable foundations when it took actions in 2016 at the direction and for the benefit of the Trump presidential campaign.
Representing Trump and his children, attorney Alan Futerfas said the state's claims were exaggerated and distorted. He suggested that even magnanimous steps taken by Trump for charitable purposes were being recast in a negative light. |
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Supreme Court: Ross can't be questioned in census suit
Legal Blog News |
2018/10/22 21:04
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The Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.
The unsigned order Monday overrides lower federal courts in New York that would have allowed the questioning of Ross to proceed in lawsuits challenging the addition of a citizenship question on the decennial census for the first time since 1950.
The suits by a dozen states and big cities, among others, say the citizenship question will discourage immigrants from participating, diluting political representation and federal dollars for states that tend to vote Democratic.
But the court is allowing the deposition of acting assistant attorney general John Gore to go forward, over the dissent of Justices Neil Gorsuch and Clarence Thomas.
A trial is scheduled to begin in New York on Nov. 5, although Gorsuch suggested in a four-page opinion that U.S. District Judge Jesse Furman could delay the proceedings. Gorsuch said he "sees no reason to distinguish between Secretary Ross' deposition and those of other senior executive officials."
Furman based his ruling requiring Ross' deposition on concerns about Ross' truthfulness in relating how the decision to add the citizenship question came about. The judge noted that Ross claimed in March, when the decision to add the citizenship question was announced, that he considered adding it after a request to do so last December from the Justice Department. |
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Supreme Court hopeful had DWI charge in 2009
Legal Blog News |
2018/10/18 09:39
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A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired.
The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged after he registered a blood-alcohol level of 0.14, nearly twice the legal limit. The following September, he pleaded guilty.
That December, Anglin was charged with attempted breaking and entering and pleaded guilty to second-degree trespassing. On Wednesday, he attributed both cases to struggles with alcohol in his 20s.
Both incidents happened while Anglin was a student at Elon University School of Law. He said that in 2010, he sought help for his drinking problem with a lawyer-assistance program. He said he's since gotten sober.
Anglin criticized N.C. Republican Party Executive Director Dallas Woodhouse for emailing Anglin's arrest records to a listserv the GOP maintains. Anglin has feuded with the GOP since he switched party affiliation and entered the Supreme Court race.
Woodhouse has previously said Anglin "will be treated like the enemy he is," and Anglin said the GOP is acting desperate "by sending something out that occurred almost a decade ago."
Republicans have described Anglin as a Democratic plant in the race and Woodhouse said as much Wednesday, writing that "Democrats had one of their own with a very questionable background pretend to be a Republican, so they could try and fool the voters."
Republican legislators responded earlier this summer to Anglin's campaign by passing a law, which was later overturned as unconstitutional, that would have banned Anglin from listing his Republican Party on the ballot even though his opponents could list their parties.
Anglin is one of three candidates seeking a place on the court. The other candidates are Barbara Jackson, a Republican who's seeking re-election, and Anita Earls, a Democrat and longtime civil rights lawyer. |
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Former FIFA official Makudi at court for ban appeal hearing
Legal Blog News |
2018/10/11 09:50
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Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.
Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."
The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).
FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.
He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.
"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.
Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations. |
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High court denies review of Grand Canyon-area mining ban
Legal Blog News |
2018/10/02 09:08
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The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry.
The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies.
The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place.
"Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.
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