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Monitor chosen to oversee Ferguson's police, court reforms
Court and Trial | 2016/07/11 10:55
A federal judge on Monday chose a monitor team to oversee reforms of Ferguson's policing and court system, a process expected to cost the St. Louis suburb more than $1 million.

U.S. District Judge Catherine Perry announced that Squire Patton Boggs, a law firm based in Cleveland, was picked from four finalists to make sure reforms are adequate in Ferguson. City officials say the cost of the monitoring will not exceed $1.25 million over five years, or $350,000 for any single year.

The team will be led by Clark Ervin, who was inspector general for the U.S. State Department and Homeland Security before becoming a partner at Squire Patton Boggs.

A consent decree between the city and the U.S. Department of Justice, approved by Perry in April, calls for diversity training for police, outfitting officers and jail workers with body cameras, and other reforms.

"I'm excited that both the City of Ferguson and the Department of Justice have worked together to complete the process of choosing an Independent Monitor," Ferguson City Manager De'Carlon Seewood said in a statement. "This is a true testament that the collaboration between both parties had a mission and that is to do what's best for the Ferguson community and its police department."




Philippine court clears Arroyo of plunder, orders her freed
Court and Trial | 2016/07/03 10:54
The Philippine Supreme Court on Tuesday dismissed a plunder case against former President Gloria Macapagal Arroyo and ordered her freed immediately after nearly five years of hospital detention — a decision the grateful ex-leader indicated can help her deal with those who "through self-serving interpretation and implementation of the law" made her suffer.

The 15 justices voted 11-4 to grant Arroyo's petition seeking to dismiss the case before the special anti-graft Sandiganbayan court because of insufficient evidence, Supreme Court spokesman Theodore Te said. The case involved the alleged misuse of 366 million pesos ($7.8 million) from the state lottery agency, the Philippine Charity Sweepstakes Office.

Arroyo thanked the court "for finally stopping the persecution I had unjustly gone through the last five years" and President Rodrigo Duterte "for allowing due process to take its course."

She released a statement while still detained in the hospital, with the serving of the court's order for an immediate release apparently delayed by paperwork.

"It is my fervent hope that nobody else will suffer the persecution that had been levied on me through self-serving interpretation and implementation of the law," she said. "And that the disregard for truth for which I was made to suffer be dealt with accordingly at the soonest possible time."

Arroyo was detained under former President Benigno Aquino III, who accused her of corruption and misrule. Aquino's successor, Duterte, however, has said the plunder case against her was weak. She rejected his offer of a pardon because it would require that she be first convicted, preferring to fight the allegation.

Aquino has not commented on the court decision. But his former justice secretary and now Senator Leila de Lima said the Supreme Court seems to have assumed a role as a "trier of facts" in the case, supplanting the anti-graft court's assessment when it declared there was insufficient evidence of guilt.


Lawyer: Clinton already answered every question on email use
Court and Trial | 2016/07/01 10:54
Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.

David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.

If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.

Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.



Appeals court orders Utah to fund Planned Parenthood branch
Lawyer World News | 2016/06/28 10:54
The Utah governor’s order to block funding to Planned Parenthood probably was a political move designed to punish the group, a federal appeals court wrote in an ruling that ordered the state to keep the money flowing.

The 10th U.S. Circuit Court of Appeals in Denver decided Tuesday there’s a good chance the governor’s order violated the group’s constitutional rights.

Utah’s Republican Gov. Gary Herbert cut off cash last fall for sexually transmitted disease and sex education programs after the release of secretly recorded videos showing out-of-state employees discussing fetal tissue from abortions.

The head of the Planned Parenthood Association of Utah hailed the ruling as a victory for the clinic’s patients.

“Our doors are open today and they will be tomorrow — no matter what,” CEO Karrie Galloway said in a statement.

Herbert’s spokesman says the governor believes contract decisions should be made by the state and that he was disappointed in the ruling blocking the defunding order while Planned Parenthood’s lawsuit challenging it goes back to be heard by a lower court.

The state is considering its next legal steps, which could include asking the full 10th Circuit to reconsider the panel’s decision.

Herbert didn’t comment on a finding by two appeals court judges that he likely used the controversy to politically attack the group because it provides abortions. A third judge dissented and questioned whether Planned Parenthood would ultimately prevail.

Lawyers for the Utah branch argued it has never participated in fetal donation programs.



Court decision complicates prosecutions of elected leaders
Attorney Legal Opinions | 2016/06/28 10:52
A Supreme Court opinion setting aside the bribery conviction of former Virginia Gov. Bob McDonnell will make it harder for Justice Department prosecutors to bring similar cases in the future and is welcome news to other elected officials investigated for or charged with corruption, legal experts say.

The court unanimously held Monday that the actions McDonnell took to benefit a businessman who gave him luxury gifts may have been distasteful but did not cross the line into illegal conduct.

The decision clarifying the boundaries between illegal conduct and what's merely unseemly will almost certainly be used by other elected officials to argue that they have broader leeway in what's permissible. And it means that prosecutors will have to think twice before charging elected officials simply for arranging access for a friendly benefactor.

"There is no question that this decision will result in a review of the theories that the Justice Department is using in open prosecutions as well as ongoing investigations," said Jacob Frenkel, a white-collar defense lawyer in Washington and former prosecutor. He predicted that in ongoing prosecutions, defense lawyers will seek to get charges dismissed because of Monday's decision.


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