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Trump decides against testifying for second time in NY civil fraud trial
Legal News Interview |
2023/12/13 14:28
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Donald Trump said Sunday he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.
The former president, the leading contender for the 2024 Republican nomination, had been expected to return to the witness stand Monday as a coda to his defense against New York Attorney General Letitia James ' lawsuit.
James, a Democrat, alleges Trump inflated his wealth on financial statements used in securing loans and making deals. The case threatens Trump’s real estate empire and cuts to the heart of his image as a successful businessman.
“I will not be testifying on Monday,” Trump wrote in an all-capital-letters, multipart statement on his Truth Social platform less than 20 hours before he was to take the witness stand.
“I have already testified to everything & have nothing more to say,” Trump added, leaving the final word among defense witnesses to an accounting expert hired by his legal team who testified last week that he found “no evidence, whatsoever, for any accounting fraud” in Trump’s financial statements.
A Trump spokesperson did not immediately respond to questions about his decision.
The decision was an abrupt change from Trump’s posture in recent days, when his lawyers said he was insistent on testifying again despite their concerns about a gag order that has cost him $15,000 in fines for disparaging the judge’s law clerk.
“President Trump has already testified. There is really nothing more to say to a judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump’s testimony and that of everyone else involved in the complex financial transactions at issue in the case,” Trump lawyer Christopher Kise said Sunday.
Trump’s decision came days after his son, Eric Trump, ditched his return appearance on the witness stand. Trump said on social media that he’d told Eric to cancel. It also follows Trump’s first trip back to court since he testified in the case on Nov. 6. Last Thursday, he watched from the defense table as the accounting professor, New York University professor Eli Bartov, blasted the state’s case and said Trump’s financial statements “were not materially misstated.”
Trump’s cancellation caught court officials by surprise. Without Trump on the witness stand, the trial will be on hold until Tuesday, when Bartov will finish his testimony. State lawyers say they’ll then call at least one rebuttal witness. |
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Sen. Menendez enters not guilty plea to a new conspiracy charge
Legal News Interview |
2023/10/27 15:34
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U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.
“Not guilty,” Menendez, 69, said when Judge Sidney H. Stein asked him for a plea to the charge. It was his first appearance before Stein, who is expected to preside over a trial tentatively scheduled for May.
Stein said the plea was the sole purpose for the hearing and adjourned the proceeding after less than five minutes. The New Jersey Democrat left the courthouse minutes later without speaking to reporters waiting outside. At an arraignment before a magistrate judge last month, Menendez was released on a $100,000 bond.
In a statement issued after the hearing, Menendez repeated his claim that the new charge “flies in the face of my long record of standing up for human rights and democracy in Egypt and in challenging leaders of that country.”
He again called it “as outrageous as it is absurd” and said he has been loyal only to the United States his entire life.
“The facts haven’t changed. The government is engaged in primitive hunting, by which the predator chases its prey until it’s exhausted and then kills it. This tactic won’t work,” he said. “I will not litigate this case through the press, but have made it abundantly clear that I have done nothing wrong and once all the facts are presented will be found innocent.”
Menendez was forced to step down from his powerful post leading the Senate committee after he was charged last month. Prosecutors said the senator and his wife, Nadine Menendez, accepted bribes of cash, gold bars and a luxury car over the past five years from three New Jersey businessmen in exchange for a variety of corrupt acts.
The other defendants entered not guilty charges to a superseding indictment last week. The senator was permitted to delay his arraignment so he could tend to Senate duties. He has said that throughout his life he has been loyal to the United States and that he will prove he is innocent. |
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Federal Judge rules California assault weapons ban unconstitutional
Legal News Interview |
2023/10/20 18:05
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A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.
“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”
The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.
Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.
California Attorney General Rob Bonta said his office had already filed a notice of appeal.
“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”
John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling. |
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Some states reject federal money to replace dangerous lead pipes
Legal News Interview |
2023/08/25 12:57
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As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.
Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes.
States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said.
The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities.
The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years.
“EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said.
Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead.
The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing.
Washington accepted $85,000 of $63 million it could have taken and said the decision was based on the limited number of water systems that wanted loans. The EPA estimates the state has 22,000 lead pipes. Oregon, which could have accepted $37 million, said inventories are going to be done with existing staff and resources, adding that utilities have no known lead lines. The EPA projected that the state has 3,530 lead pipes — a relatively small number — based in part on information collected from utilities. |
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Musk threatens to sue researchers who documented the rise in hateful tweets
Legal News Interview |
2023/07/31 15:49
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X, the social media platform formerly known as Twitter, has threatened to sue a group of independent researchers whose research documented an increase in hate speech on the site since it was purchased last year by Elon Musk.
An attorney representing the social media site wrote to the Center for Countering Digital Hate on July 20 threatening legal action over the nonprofit’s research into hate speech and content moderation. The letter alleged that CCDH’s research publications seem intended “to harm Twitter’s business by driving advertisers away from the platform with incendiary claims.”
Musk is a self-professed free speech absolutist who has welcomed back white supremacists and election deniers to the platform, which he renamed X earlier this month. But the billionaire has at times proven sensitive about critical speech directed at him or his companies.
The center is a nonprofit with offices in the U.S. and United Kingdom. It regularly publishes reports on hate speech, extremism or harmful behavior on social media platforms like X, TikTok or Facebook.
The organization has published several reports critical of Musk’s leadership, detailing an increase in anti-LGBTQ hate speech as well as climate misinformation since his purchase. The letter from X’s attorney cited one specific report from June that found the platform failed to remove neo-Nazi and anti-LGBTQ content from verified users that violated the platform’s rules.
In the letter, attorney Alex Spiro questioned the expertise of the researchers and accused the center of trying to harm X’s reputation. The letter also suggested, without evidence, that the center received funds from some of X’s competitors, even though the center has also published critical reports about TikTok, Facebook and other large platforms.
“CCDH intends to harm Twitter’s business by driving advertisers away from the platform with incendiary claims,” Spiro wrote, using the platform’s former name.
Imran Ahmed, the center’s founder and CEO, told the AP on Monday that his group has never received a similar response from any tech company, despite a history of studying the relationship between social media, hate speech and extremism. He said that typically, the targets of the center’s criticism have responded by defending their work or promising to address any problems that have been identified. |
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