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Court gives government a win in young immigrants' cases
Court Watch | 2017/10/27 01:02
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.



Lawyers want Supreme Court to block Texas from executing man
Court Watch | 2017/10/23 01:00
Attorneys for an inmate convicted in a prison guard's death are asking the U.S. Supreme Court to halt his Thursday evening execution.

Robert Pruett's lawyers want justices to review whether lower courts properly denied a federal civil rights lawsuit that sought additional DNA testing in the case. They are also questioning whether a prisoner who claims actual innocence, as Pruett does, can be put to death.

If the execution is carried out Thursday, Pruett would be the sixth prisoner executed this year in Texas, which carries out the death penalty more than any other state. Texas put seven inmates to death last year. His execution would be the 20th nationally, matching the U.S. total for all of 2016.

Pruett avoided execution in April 2015, when a state judge halted his punishment just hours before he could have been taken to the death chamber. His lawyers had convinced the judge that new DNA tests needed to be conducted on the steel rod used to stab the 37-year-old Nagle.

The new tests showed no DNA on the tape but uncovered DNA on the rod from an unknown female who authorities said likely handled the shank during the appeals process after the original tests in 2002.

In June, Pruett's execution was rescheduled for October. Pruett's attorneys then unsuccessfully sought more DNA testing and filed a federal civil rights lawsuit in August, arguing Pruett had been denied due process. The 5th U.S. Circuit Court of Appeals rejected the lawsuit last week, and Pruett's attorneys appealed to the U.S. Supreme Court on Tuesday.
 


Israeli protesters erect golden statue of High Court chief
Court Watch | 2017/08/27 08:57
Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group.

Police quickly removed the statue of Miram Naor, raised outside the court overnight, but after questioning some suspects, said no criminal activity had occurred.

Derech Chaim, which wants to impose Jewish religious law in Israel, said it had put up the statue to protest what one activist called the court's "dictatorship." Many Israeli hardliners consider the court to be excessively liberal and interventionist.

Ariel Gruner, a Derech Chaim activist, said the statue was erected in response to a court ruling this week over the country's treatment of African migrants. The ruling said that while Israel can transfer migrants to a third country, it cannot incarcerate them for more than 60 days to pressure them to leave.

The ruling is among a series of decisions that "eliminates the possibility of elected officials, of the government, to make decisions and rule," Gruner said.

He acknowledged that the statue had been inspired by a golden statue of Prime Minister Benjamin Netanyahu erected by a left-wing artist in a main Tel Aviv square last year.



British cybersecurity expert pleads not guilty to US charges
Court Watch | 2017/08/13 13:09
A British cybersecurity researcher credited with helping curb a recent worldwide ransomware attack pleaded not guilty Monday to federal charges accusing him of creating malicious software to steal banking information three years ago.

Marcus Hutchins entered his plea in Wisconsin federal court, where prosecutors charged him and an unnamed co-defendant with conspiring to commit computer fraud in the state and elsewhere. Authorities arrested the 23-year-old man on Aug. 2 at McCarran International Airport in Las Vegas, where he was going to board a flight to his home in Ilfracombe, England. He had been in Las Vegas for a cybersecurity convention.

Hutchins is free on $30,000 bail, but with strict conditions. His bond has been modified so that he can stay in Los Angeles near his attorney and travel anywhere in the U.S., but Hutchins is not allowed to leave the country. He is currently staying at a hotel in Milwaukee.

He was also granted access to use a computer for work, a change from an earlier judge's order barring him from using any device with access to the internet. Hutchins' current work wasn't detailed at Monday's hearing. The next hearing in the case was set for Oct. 17.

Hutchins' attorney, Adrian Lobo, hasn't responded to several phone messages left by The Associated Press over the last week.

The legal troubles Hutchins faces are a dramatic turnaround from the status of cybercrime-fighting hero he enjoyed four months ago when he found a "kill switch" to slow the outbreak of the WannaCry virus. It crippled computers worldwide, encrypting files and making them inaccessible unless people paid a ransom ranging from $300 to $600.

Prosecutors allege that before Hutchins won acclaim he created and distributed a malicious software called Kronos to steal banking passwords from unsuspecting computer users. In addition to computer fraud, the indictment lists five other charges, including attempting to intercept electronic communications and trying to access a computer without authorization.

The indictment says the crimes happened between July 2014 and July 2015, but the court document doesn't offer any details about the number of victims. Prosecutors have not said why the case was filed in Wisconsin. The name of Hutchins' co-defendant is redacted from the indictment.



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