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Bomb suspect set for Florida court appearance
Court Line | 2018/10/27 12:40

Bomb squads were called to a post office in Atlanta on Monday about a suspicious parcel, just hours before a court hearing for a Florida man accused of sending packages containing explosive material to prominent Democrats.

The FBI did not identify to whom the most recent package was addressed, but CNN President Jeff Zucker announced that a suspicious package addressed to the cable television network was intercepted Monday at an Atlanta post office.

Zucker said there was no imminent danger to the CNN Center. Another package was delivered to the cable network's New York offices last week, causing an evacuation.

The latest suspicious package comes just hours before a federal court hearing was to begin for Cesar Sayoc, 56, who faces five federal charges.

He is accused of sending bubble-wrapped manila envelopes to Democrats such as Barack Obama, Hillary Clinton and Joe Biden. The packages were intercepted from Delaware to California. At least some listed a return address of U.S. Debbie Wasserman Schultz, former chair of the Democratic National Committee.


Congregants at oldest US synagogue ask high court to step in
Court Line | 2018/10/22 11:12

Congregants at the oldest synagogue in the United States asked the U.S. Supreme Court on Monday to review a decision giving a New York congregation control of Rhode Island's Touro Synagogue and a set of bells valued in the millions.

Lawyers for Newport's Congregation Jeshuat Israel asked for a review of last year's decision by the 1st U.S. Circuit Court of Appeals, arguing that it presents important constitutional issues surrounding religious liberty.

"If allowed to stand and be followed, the decision will fundamentally alter how ordinary disputes involving religious parties are tried and decided, and introduce an element of arbitrariness and cherry-picking by courts as to what secular evidence may be considered or ignored in any particular case," lawyer Gary Naftalis wrote in the filing.

He argued that the ruling in favor of Congregation Shearith Israel in Manhattan unfairly disregarded secular evidence and establishes a two-tiered legal regime: one for religious groups and another for those that are secular.

Lou Solomon, a lawyer for New York congregation and also the head of its board, said the request is "unfortunate," but it's their right. He said the other side was continuing to undermine their "ability to regain the harmonious relations" and had "presented absolutely no reason for the Supreme Court to review much less disturb the decision of the First Circuit."


Sessions criticizes court order on deposition in census case
Court Line | 2018/10/16 23:48

Attorney General Jeff Sessions on Monday criticized a court order that allows for the questioning of Commerce Secretary Wilbur Ross on how a citizenship question came to be added to the 2020 census.

The court's actions, the attorney general said in a speech to the conservative Heritage Foundation, represent an improper attempt "to hold a trial over the inner-workings of a Cabinet secretary's mind."

With his remarks, Sessions waded into a simmering legal dispute that may ultimately be resolved by the Supreme Court, which solidified its conservative majority with the recent addition of Justice Brett Kavanaugh.

The conflict centers on a judge's order that Ross may be deposed by lawyers challenging whether a question on citizenship legally can be included on the census. Plaintiffs in two lawsuits, including more than a dozen states and big cities, have sued, saying the question will discourage immigrants from participating in the census.

The judge, Jesse M. Furman, has said Ross can be questioned about how the citizenship inquiry was added to the census because he was "personally and directly involved in the decision, and the unusual process leading to it, to an unusual degree." A New York-based federal appeals court backed Furman's ruling last week, but Supreme Court Justice Ruth Bader Ginsburg issued a temporary stay.



Colorado Supreme Court hears high-stakes oil and gas lawsuit
Court Line | 2018/10/14 23:49

An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.

A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.

The justices heard oral arguments in the high-stakes case but did not say when they would rule.

The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.

The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.

The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.

Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health.



Manhattan DA drops part of Weinstein case
Court Line | 2018/10/11 17:35

Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.

The development was announced in court Thursday with Weinstein looking on.

The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.

In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.

“In short, your honor, we are moving full steam ahead,” she said.

Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.


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