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Trump wants Supreme Court to overturn Pa. election results
Undeterred by dismissals and admonitions from judges, President Donald Trump’s campaign continued with its unprecedented efforts to overturn the results of the Nov 3. election Sunday, saying it had filed a new petition with the Supreme Court.
The petition seeks to reverse a trio of Pennsylvania Supreme Court cases having to do with mail-in ballots and asks the court to reject voters’ will and allow the Pennsylvania General Assembly to pick its own slate of electors.
While the prospect of the highest court in the land throwing out the results of a democratic election based on unfounded charges of voter fraud is extraordinary unlikely, it wouldn’t change the outcome. President-elect Joe Biden would still be the winner even without Pennsylvania because of his wide margin of victory in the Electoral College.
“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Trump attorney Rudy Giuliani said in a statement.
He is asking the court to move swiftly so it can rule before Congress meets on Jan. 6 to tally the vote of the Electoral College, which decisively confirmed Biden’s win with 306 electoral votes to Trump’s 232. But the justices are not scheduled to meet again, even privately, until Jan 8, two days after Congress counts votes.
Pennsylvania last month certified Biden as the winner of the state’s 20 Electoral College votes after three weeks of vote counting and a string of failed legal challenges.
Trump’s campaign and his allies have now filed roughly 50 lawsuits alleging widespread voting fraud. Almost all have been dismissed or dropped because there is no evidence to support their allegations.
Trump has lost before judges of both political parties, including some he appointed. And some of his strongest rebukes have come from conservative Republicans. The Supreme Court has also refused to take up two cases — decisions that Trump has scorned.
The new case is at least the fourth involving Pennsylvania that Trump’s campaign or Republican allies have taken to the Supreme Court in a bid to overturn Biden’s victory in the state or at least reverse court decisions involving mail-in balloting. Many more cases were filed in state and federal courts. Roughly 10,000 mail-in ballots that arrived after polls closed but before a state court-ordered deadline remain in limbo, awaiting the highest court’s decision on whether they should be counted.
The Trump campaign’s filing Sunday appears to target three decisions of Pennsylvania’s Democratic-majority state Supreme Court. In November, the state’s highest court upheld a Philadelphia judge’s ruling that state law only required election officials to allow partisan observers to be able to see mail-in ballots being processed, not stand close enough to election workers to see the writing on individual envelopes.
It also ruled that more than 8,300 mail-in ballots in Philadelphia that had been challenged by the Trump campaign because of minor technical errors — such as a voter’s failure to write their name, address or date on the outer ballot envelope — should be counted. In October, the court ruled unanimously that counties are prohibited from rejecting mail-in ballots simply because a voter’s signature does not resemble the signature on the person’s voter registration form.
The Pennsylvania Republican Party has a pending petition on the state’s mail-in-ballot deadline in which the party specifically says in its appeal that it recognizes the issue will not affect the outcome of the 2020 election.
Thursday, June 21, 2018
Court makes no ruling in resolving partisan redistricting cases
The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps.
The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple.
Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit.
In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans.
The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts.
The Democrats will have a chance to prove their case district by district.
Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats.
The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering.
Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.
U.S. Citizenship and Immigration Services (USCIS) played an integral part in yesterday’s sentencing of Ali Vahdani Pour. Pour, a 28 year old national of Iran, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. He had pled guilty to lying under oath in an immigration matter. In the plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in Italy, before seeking asylum in the United States. “Making false staments to support your claim for asylum in the U.S. will not be tolerated,” said USCIS Los Angeles Asylum Director David Radel. The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, USCIS, and the Federal Bureau of Investigation. The prosecution was handled by Assistanct U.S. Attorney Joseph E. Koehler, Special Assitant U.S. Attorney, District of Arizona.Ryan Goldstein
New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.
The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now.
Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth."
Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall.
Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court.
Instead, the Court of Appeals said the case was simply in too early a stage for its consideration.
Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice."
She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.
USCIS Helps Get Conviction in Asylum Fraud
U.S. Citizenship and Immigration Services (USCIS) played an integral part in yesterday’s sentencing of Ali Vahdani Pour.
Pour, a 28 year old national of Iran, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. He had pled guilty to lying under oath in an immigration matter.
In the plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in Italy, before seeking asylum in the United States.
“Making false staments to support your claim for asylum in the U.S. will not be tolerated,” said USCIS Los Angeles Asylum Director David Radel.
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, USCIS, and the Federal Bureau of Investigation. The prosecution was handled by Assistanct U.S. Attorney Joseph E. Koehler, Special Assitant U.S. Attorney, District of Arizona.Ryan Goldstein
Wednesday, May 9, 2018
Climate change lawsuit filed by Alaska youth goes to court
The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts.
The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported .
The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent.
"The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said.
The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change.
The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production.
"The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court."
Attorneys for both sides said they expect a ruling within the next six months.
Australian cardinal back in court on sex abuse charges
Australian Cardinal George Pell, the most senior Vatican official to be charged in the Catholic Church sex abuse crisis, arrived Wednesday for an appearance in a Melbourne court where he will eventually stand trial on sexual abuse charges spanning decades.
Magistrate Belinda Wallington on Tuesday ordered Australia’s highest-ranking Catholic to appear at Victoria state County Court after ruling that prosecutors’ case was strong enough to warrant a trial by jury.
Pell is expected to face a brief preliminary hearing in which a trial date could be set.
Wallington dismissed about half the charges that had been heard in a four-week preliminary hearing. The details of the allegations and the number of charges have not been made public.
Lawyers for Pell, who is Pope Francis’ finance minister, have been fighting the allegations since before he was charged last June with sexual abuse against multiple people in Victoria from the time he was a priest in his hometown of Ballarat in the 1970s until the 1990s, when he was archbishop of Melbourne.
When Wallington asked Pell on Tuesday how he pleaded, the cardinal said in a firm voice, “Not guilty.” Wallington gave the 76-year-old permission not to stand, as is customary.
When the magistrate left the room at the end of the hearing, many people in the packed public gallery broke into applause.
Vatican spokesman Greg Burke issued a statement saying: “The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell. Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.”
Pell’s plea marked the only words he spoke in public during the hearing. Wearing a cleric’s collar, white shirt and dark suit, he was silent as he entered and left the downtown courthouse with his lawyer, Robert Richter. More than 40 police officers maintained order on the crowded sidewalk outside.
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