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War crimes prosecutor seeks arrest of Israeli and Hamas leaders
Legal PR | 2024/05/21 18:24

The chief prosecutor of the world’s top war crimes court sought arrest warrants Monday for leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, over actions taken during their seven-month war.

While Netanyahu and his defense minister, Yoav Gallant, do not face imminent arrest, the announcement by the International Criminal Court’s chief prosecutor was a symbolic blow that deepened Israel’s isolation over the war in Gaza.

The court’s prosecutor, Karim Khan, accused Netanyahu, Gallant, and three Hamas leaders — Yehya Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.

Netanyahu and other Israeli leaders condemned the move as disgraceful and antisemitic. U.S. President Joe Biden also lambasted the prosecutor and supported Israel’s right to defend itself against Hamas.

A panel of three judges will decide whether to issue the arrest warrants and allow a case to proceed. The judges typically take two months to make such decisions.

Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Netanyahu called the prosecutor’s accusations against him a “disgrace,” and an attack on the Israeli military and all of Israel. He vowed to press ahead with Israel’s war against Hamas.

Biden said the effort to arrest Netanyahu and Gallant over the war in Gaza was “outrageous,” adding “whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.”

Hamas also denounced the ICC prosecutor’s actions, saying the request to arrest its leaders “equates the victim with the executioner.”

Netanyahu has come under heavy pressure at home to end the war. Thousands of Israelis have joined weekly demonstrations calling on the government to reach a deal to bring home Israeli hostages in Hamas captivity, fearing that time is running out.

In recent days, the two other members of his war Cabinet, Gallant and Benny Gantz, have threatened to resign if Netanyahu does not spell out a clear postwar vision for Gaza.

But on Monday, Netanyahu received wall-to-wall support as politicians across the spectrum condemned the ICC prosecutor’s move. They included Israel’s president, Isaac Herzog, and his two main political rivals, Gantz and opposition leader Yair Lapid.

It is unclear what effect Khan’s move will have on Netanyahu’s public standing. The possibility of an arrest warrant against Netanyahu could give him a boost as Israelis rally behind the flag. But his opponents could also blame him for bringing a diplomatic catastrophe on the country.

Yuval Shany, an expert on international law at Hebrew University and the Israel Democracy Institute, a Jerusalem think tank, said it was far more certain that Netanyahu’s already troubled international standing could be further weakened.


TikTok content creators sue the US government over potential ban
Legal PR | 2024/05/15 23:54

Eight TikTok content creators sued the U.S. government on Tuesday, issuing another challenge to the new federal law that would ban the popular social media platform nationwide if its China-based parent company doesn’t sell its stakes within a year.

Attorneys for the creators argue in the lawsuit that the law violates users’ First Amendment rights to free speech, echoing arguments made by TikTok in a separate lawsuit filed by the company last week. The legal challenge could end up before the Supreme Court.

The complaint filed Tuesday comes from a diverse set of content creators, including a Texas-based rancher who has previously appeared in a TikTok commercial, a creator in Arizona who uses TikTok to show his daily life and spread awareness about LGBTQ issues, as well as a business owner who sells skincare products on TikTok Shop, the e-commerce arm of the platform.

The lawsuit says the creators “rely on TikTok to express themselves, learn, advocate for causes, share opinions, create communities, and even make a living.”

“They have found their voices, amassed significant audiences, made new friends, and encountered new and different ways of thinking — all because of TikTok’s novel way of hosting, curating, and disseminating speech,” it added, arguing the new law would deprive them and the rest of the country “of this distinctive means of expression and communication.”

A spokesperson for TikTok said the company was covering the legal costs for the lawsuit, which was filed in a Washington appeals court. It is being led by the same law firm that represented creators who challenged Montana’s statewide ban on the platform last year. In November, a judge blocked that law from going into effect.

The Department of Justice said that the legislation that could ban TikTok “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations. We look forward to defending the legislation in court.”

The federal law comes at a time of intense strategic rivalry between the U.S. and China on a host of issues and as the two butt heads over sensitive geopolitical topics like China’s support for Russia in its invasion of Ukraine. U.S. lawmakers and administration officials have aired concerns about how well TikTok can protect users’ data from Chinese authorities and have argued its algorithm could be used to spread pro-China propaganda, which TikTok disputes.

Under the law, TikTok’s parent company ByteDance would be required to sell the platform to an approved buyer within nine months. If a sale is in progress, the company will get a three-month extension to complete the deal.


Supreme Court will weigh banning homeless people from sleeping outside
Legal PR | 2024/04/22 18:51

The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment.

The case is considered the most significant to come before the high court in decades on homelessness, which has reached record levels in the United States.

In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking.

A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions.

But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse as the cost of housing increases.

Dozens of demonstrators gathered outside the court Monday morning with silver thermal blankets and signs like “housing not handcuffs.”

The Justice Department has also weighed in. It argues people shouldn’t be punished just for sleeping outside, but only if there’s a determination they truly have nowhere else to go.

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals, which also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data. The court is expected to decide the case by the end of June.


Judge in Trump case orders media not to report where potential jurors work
Legal PR | 2024/04/19 21:20

The judge in Donald Trump’s hush money trial ordered the media on Thursday not to report on where potential jurors have worked and to be careful about revealing information about those who will sit in judgment of the former president.

Judge Juan Merchan acted after one juror was dismissed when she expressed concerns about participating in the trial after details about her became publicly known.

The names of the jurors are supposed to be a secret, but the dismissed juror told Merchan she had friends, colleagues and family members contacting her to ask whether she was on the case. “I don’t believe at this point I can be fair and unbiased and let the outside influences not affect my decision-making in the courtroom,” she said.

Merchan then directed journalists present in the courthouse not to report it when potential jurors told the court their specific workplaces, past or present. That put journalists in the difficult position of not reporting something they heard in open court.

Some media organizations were considering whether to protest having that onus placed on them. Generally, the First Amendment of the U.S. Constitution bars judges from ordering journalists not to disclose what they hear and see in courtrooms open to the public, though there are exceptions, such as when military security is at stake.

New York criminal defense lawyer Ron Kuby said that while judges typically can’t control what the media reports, other options are available to protect juror anonymity, including restricting what reporters see and hear in the courtroom.

“There are actions the judge could take,” he said. “Courts have extraordinary powers to protect jurors from tampering and intimidation. It is really where a court’s power is at its peak.”

The court action underscored the difficulty of trying to maintain anonymity for jurors in a case that has sparked wide interest and heated opinions, while lawyers need to sift through as much information as possible in a public courtroom to determine who to choose.

Despite the setback, 12 jurors were seated by the end of Thursday for the historic trial. Trump is charged with falsifying his company’s business records to cover up an effort during the 2016 presidential election campaign to squash negative publicity about alleged marital infidelity. Part of the case involves a $130,000 payment made to porn actor Stormy Daniels to prevent her from making public her claims of a sexual meeting with Trump years earlier. Trump has denied the encounter.

New York state law requires trial attorneys to get the names of jurors, but the judge has ordered the lawyers in Trump’s case not to disclose those names publicly. The jurors’ names haven’t been mentioned in court during three days of jury selection.

Still, enough personal information about the jurors was revealed in court that people might be able to identify them anyway.

Some news organizations described details including what Manhattan neighborhoods potential jurors lived in, what they did for a living, what academic degrees they had earned, how many children they had, what countries they grew up in and what their spouses did for a living.

On Fox News Channel Wednesday night, host Jesse Watters did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were “stealth liberals” who would be out to convict Trump.


Biden is seeking higher tariffs on Chinese steel as he courts union voters
Legal PR | 2024/04/12 04:21

President Joe Biden is calling for a tripling of tariffs on steel from China to protect American producers from a flood of cheap imports, an announcement he planned to roll out Wednesday in an address to steelworkers in the battleground state of Pennsylvania.

The move reflects the intersection of Biden’s international trade policy with his efforts to court voters in a state that is likely to play a pivotal role in deciding November’s election.

The White House insists, however, that it is more about shielding American manufacturing from unfair trade practices overseas than firing up a union audience.

In addition to boosting steel tariffs, Biden also will seek to triple levies on Chinese aluminum. The current rate is 7.5% for both metals. The administration also promised to pursue anti-dumping investigations against countries and importers that try to saturate existing markets with Chinese steel, and said it was working with Mexico to ensure that Chinese companies can’t circumvent the tariffs by shipping steel there for subsequent export to the U.S.

“The president understands we must invest in American manufacturing. But we also have to protect those investments and those workers from unfair exports associated with China’s industrial overcapacity,” White House National Economic Adviser Lael Brainard said on a call with reporters.

Biden was set to announce that he is asking the U.S. Trade Representative to consider tripling the tariffs during a visit to United Steelworkers union headquarters in Pittsburgh. The president is on a three-day Pennsylvania swing that began in Scranton on Tuesday and will include a visit to Philadelphia on Thursday.

The administration says China is distorting markets and eroding competition by unfairly flooding the market with below-market-cost steel.

”China’s policy-driven overcapacity poses a serious risk to the future of the American steel and aluminum industry,” Brainard said. Referencing China’s economic downturn, she added that Beijing “cannot export its way to recovery.”

“China is simply too big to play by its own rules,” Brainard said.

Higher tariffs can carry major economic risks. Steel and aluminum could become more expensive, possibly increasing the costs of cars, construction materials and other key goods for U.S. consumers.

Inflation has already been a drag on Biden’s political fortunes, and his turn toward protectionism echoes the playbook of his predecessor and opponent in this fall’s election, Donald Trump.


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