|
|
|
Arizona prosecutors ordered to send fake elector case back to grand jury
Top Court Watch |
2025/05/21 08:01
|
Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury.
Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes.
The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully.
While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.”
Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said.
Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law.
“They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case.
In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.
Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.
Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics.
They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud.
Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.
President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme. |
|
|
|
|
|
|
Jury begins deliberating in UK trial of men accused of felling Sycamore Gap tree
Top Court Watch |
2025/05/07 10:49
|
Jurors began deliberating Thursday in the case of two men charged with cutting down the Sycamore Gap tree that once stood along the ancient Hadrian’s Wall in northern England.
Daniel Graham, 39, and Adam Carruthers, 32, have pleaded not guilty to two counts each of criminal damage. The former friends each testified that they were at their separate homes that night and not involved.
Justice Christina Lambert told jurors in Newcastle Crown Court to take as long as they need to reach unanimous verdicts in the trial that began April 28.
The tree was not Britain’s biggest or oldest, but it was prized for its picturesque setting along the ancient wall built by Emperor Hadrian in A.D. 122 to protect the northwest frontier of the Roman Empire.
The tree was long known to locals but achieved international fame in Kevin Costner’s 1991 film “Robin Hood: Prince Of Thieves.” It sat symmetrically between two hills along the historic wall and was a draw for tourists, landscape photographers and those taking selfies for social media.
Prosecutors said the tree’s value exceeded 620,000 pounds ($830,000) and damage to the wall, which is a UNESCO World Heritage Site, was assessed at 1,100 pounds. Andrew Gurney, a lawyer for Carruthers, said Graham’s story didn’t add up and he was projecting his guilt on his former friend.
“Is that a plausible chain of events or is that the desperate story of a man caught out?” Gurney said.
Wright mocked the duo’s defense, saying common sense and a trail of evidence should lead jurors to convict them for their “moronic mission.”
Prosecutors showed grainy video from Graham’s phone of the tree being cut down — a video sent shortly afterward to Carruthers’ phone. Metadata showed it was taken at the tree’s location in Northumberland National Park. Data showed Graham’s Range Rover had traveled there.
Wright said he couldn’t say who cut the tree and who held the phone, but the two were the only people in the world who had the video on their devices.
Text and voice messages exchanged the following day between Carruthers and Graham captured their excitement as the story went viral.
|
|
|
|
|
|
|
Judge bars Trump from denying federal funds to ‘sanctuary’ cities
Top Court Watch |
2025/04/20 07:36
|
A federal judge in California on Thursday barred the Trump administration from denying or conditioning the use of federal funds to “sanctuary” jurisdictions, saying that portions of President Donald Trump’s executive orders were unconstitutional.
U.S. District Judge William Orrick issued the injunction sought by San Francisco and more than a dozen other municipalities that limit cooperation with federal immigration efforts.
Orrick wrote that defendants are prohibited “from directly or indirectly taking any action to withhold, freeze, or condition federal funds” and the administration must provide written notice of his order to all federal departments and agencies by Monday.
One executive order issued by Trump directs Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem to withhold federal money to sanctuary jurisdictions. The second order directs every federal agency to ensure that payments to state and local governments do not “abet so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”
At a hearing Wednesday, Justice Department lawyers argued that it was much too early for the judge to grant an injunction when the government had not taken any action to withhold specific amounts or to lay out conditions on specific grants.
But Orrick, who was nominated by President Barack Obama, said this was essentially what government lawyers argued during Trump’s first term when the Republican issued a similar order.
“Their well-founded fear of enforcement is even stronger than it was in 2017,” Orrick wrote, citing the executive orders as well as directives from Bondi, other federal agencies and Justice Department lawsuits filed against Chicago and New York.
San Francisco successfully challenged the 2017 Trump order and the 9th U.S. Circuit Court of Appeals agreed with the lower court that the president exceeded his authority when he signed an executive order threatening to cut funding for “sanctuary cities.”
There is no strict definition for sanctuary policies or sanctuary cities, but the terms generally describe limited cooperation with Immigration and Customs Enforcement. ICE enforces immigration laws nationwide but seeks state and local help in alerting federal authorities of immigrants wanted for deportation and holding that person until federal officers take custody.
Leaders of sanctuary jurisdictions say their communities are safer because immigrants feel they can communicate with local police without fear of deportation. It is also a way for municipalities to focus their dollars on crime locally, they say.
Besides San Francisco and Santa Clara County, which includes a third plaintiff, the city of San José, there are 13 other plaintiffs in the lawsuit, which include Seattle and King County, Washington; Portland, Oregon; Minneapolis and St. Paul, Minnesota; New Haven, Connecticut; and Santa Fe, New Mexico.
|
|
|
|
|
|
|
Ex-UK lawmaker charged with cheating in election betting scandal
Top Court Watch |
2025/04/15 10:02
|
A former Conservative lawmaker and 14 others have been charged with cheating when placing bets on the timing of Britain’s general election last year, the Gambling Commission said Monday.
Craig Williams was one of several people who had been investigated for cashing in on insider knowledge on the date then-Prime Minister Rishi Sunak would call the election. Other members of the Conservative Party that controlled government at the time and a police officer were among those facing charges that carry a potential two-year prison term, if convicted.
It’s legal for politicians to wager on elections, but the investigation was about whether they used inside information to gain an unfair advantage. One of the popular bets at the time was to wager on the date the prime minister would call an election.
At the time, the conventional wisdom was that Sunak would call an election in the fall, but he surprised people in May when he set the election date for July 4th. The announcement was a disaster as Sunak was drenched in pouring rain outside his residence and word quickly spread that a handful of people with connections to the party had placed suspiciously timed bets.
The vote six weeks later ended up being a bloodbath for Conservatives, as the Labour Party, led by Prime Minister Keir Starmer, swept them out of office for the first time in 14 years.
Williams, who was Sunak’s parliamentary private secretary and running for reelection, had disclosed he placed a 100-pound ($131) bet on a July election days before the date had been announced.
“I committed an error of judgment, not an offense, and I want to reiterate my apology directly to you,” he said in a video posted on social media in June.
In the election, Williams lost his seat representing an area of Wales, finishing third.
Others facing charges included Russell George, a Conservative in the Welsh parliament, Nick Mason, a former chief data officer for the Tories and Thomas James, the director of the Welsh Conservatives.
Anthony Lee, a former Conservative campaign director, was also charged alongside his wife, Laura Saunders, who ran unsuccessfully for a seat in Parliament representing an area of southwest England.
George was suspended by the Conservative Party after news of the criminal case.
|
|
|
|
|
|
|
Meta says it will resume AI training with public content from European users
Top Court Watch |
2025/04/11 10:02
|
Social media company Meta said Monday that it will start using publicly available content from European users to train its artificial intelligence models, resuming work put on hold last year after activists raised concerns about data privacy.
The company, which owns Facebook and Instagram, said that it would train its AI systems using public posts and comments shared by adult users in the 27-nation European Union.
“People’s interactions with Meta AI — like questions and queries — will also be used to train and improve our models,” the company said in a blog post.
Meta is making the move after launching its Meta AI assistant last month for European users, long after it rolled out to the United States and other major markets.
The company’s AI training efforts had been hampered by stringent European Union data privacy laws, which give people control over how their personal information is used. Vienna-based group NOYB, led by activist Max Schrems, had complained to various national privacy watchdogs about Meta’s AI training plans and urged them to stop the company before it started training its next generation of AI models.
Meta noted that a panel of EU privacy regulators in December “affirmed” that its original approach met legal obligations. The company said it won’t use private messages to train its AI model and repeated its point that it is merely following the example of rivals Google and OpenAI, “both of which have already used data from European users to train their AI models.”
Meta said it will start notifying users in the EU about the training, and will include a link to a form where they can object at any time.
|
|
|
|
|
|
| Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the internet world. Small Law Firm Web Design by Law Promo |
|
Recent Lawyer Blog Updates |
|
|
Lawyer News RSS
