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Trump finds it 'inconceivable' lawyer would tape a client
Legal News Feed |
2018/07/18 23:46
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Donald Trump said Saturday he finds it "inconceivable" that a lawyer would tape a client, as the president weighed in after the disclosure that in the weeks before the 2016 election, his then-personal attorney secretly recorded their discussion about a potential payment for a former Playboy model's account of having an affair with Trump.
The recording was part of a large collection of documents and electronic records seized by earlier this year by federal authorities from Michael Cohen, the longtime Trump fixer.
In a tweet, Trump called such taping "totally unheard of & perhaps illegal." He also asserted, without elaborating, in post: "The good news is that your favorite President did nothing wrong!"
Cohen had made a practice of recording conversations, unbeknownst to those he was speaking with. Most states, including New York, allow for recordings of conversations with only the consent of one party; other states require all parties to agree to a recording or have mixed laws on the matter. It was not immediately clear where Trump and Cohen were located at the time of the call.
Cohen's recording adds to questions about whether Trump tried to quash damaging stories before the election. Trump's campaign had said it knew nothing about any payment to ex-centerfold Karen McDougal. |
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Court says convicted serial rapist should be released
Legal News |
2018/07/17 15:30
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A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment.
Department of Human Services Commissioner Emily Piper said Monday that she will appeal the provisional discharge of Duvall, in a case that once set off a political firestorm as lawmakers were considering changes to the state's treatment program for sex offenders.
"I have grave concerns about this decision," Piper said in a statement. "Three experts have previously testified that Thomas Duvall is not ready for life in the community and that he presents far too great a risk to public safety. I share that view and will exhaust every possible avenue of appeal."
Duvall, 62, has spent the last 30 years locked up for the violent rapes of teenage girls in the 1970s and 1980s. In 1987, he bound a Brooklyn Park girl with an electrical cord and raped her repeatedly over several hours while hitting her with a hammer. He was civilly committed as a psychopathic personality in 1991 and sent to the Minnesota Sex Offender Program.
Duvall has been in treatment since 2001 and was diagnosed as a sexual sadist. He has been in the final stages of the program since 2010, living outside the security perimeter at the facility in St. Peter, going on regular supervised community outings, volunteering at a thrift store, attending community support groups and preparing for transition into the community.
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India's top court calls for new law to curb mob violence
Court News |
2018/07/16 15:30
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India's highest court on Tuesday asked the federal government to consider enacting a law to deal with an increase in lynchings and mob violence fueled mostly by rumors that the victims either belonged to members of child kidnapping gangs or were beef eaters and cow slaughterers.
The Supreme Court said that "horrendous acts of mobocracy" cannot be allowed to become a new norm, according to the Press Trust of India news agency.
"Citizens cannot take law into their hands and cannot become law unto themselves," said Chief Justice Dipak Misra and two other judges, A.M. Khanwilkar and D.Y. Chandrachud, who heard a petition related to deadly mob violence. They said the menace needs to be "curbed with iron hands," the news agency reported.
The judges asked the legislature to consider a law that specifically deals with lynchings and cow vigilante groups and provides punishment to offenders.
India has seen a series of mob attacks on minority groups since the Hindu nationalist Bharatiya Janata Party won national elections in 2014. The victims have been accused of either smuggling cows for slaughter or carrying beef. Last month, two Muslims were lynched in eastern Jharkhand state on charges of cattle theft. In such mob attacks, at least 20 people have been killed by cow vigilante groups mostly believed to be tied to Prime Minister Narendra Modi's ruling party.
Most of the attacks waged by so-called cow vigilantes from Hindu groups have targeted Muslims. Cows are considered sacred by many members of India's Hindu majority, and slaughtering cows or eating beef is illegal or restricted across much of the country.
However, most of the mob attacks this year have been fueled mainly by rumors ignited by messages circulated through social media that child-lifting gangs were active in villages and towns. At least 25 people have been lynched and dozens wounded in the attacks. The victims were non-locals, mostly targeted because they looked different or didn't speak the local language. |
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Court: Drug users can be jailed for relapsing on probation
U.S. Court News |
2018/07/14 15:30
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In a case that has attracted national attention, Massachusetts' highest court ruled Monday that judges in the state have the authority to order people to remain drug free as a condition of probation and under some circumstances order a defendant jailed for violating the drug-free requirement.
The Supreme Judicial Court ruled unanimously that such a requirement does not violate the constitutional rights of people with substance use disorder or unfairly penalize them because of a medical condition beyond their control.
The court ruled in the case of Julie Eldred, who was jailed in 2016 after she tested positive for the powerful opioid fentanyl days into her probation on larceny charges. Eldred, who has severe substance use disorder, spent more than a week in jail after relapsing until her lawyer could find a bed for her at a treatment facility.
Eldred's lawyer argued before the high court in October that her client's substance use disorder made her powerless to control her desire to use drugs, and that jailing her effectively criminalized relapse - which often happens in the recovery process.
But the justices said the defendant's claims were based partly on untested science.
"Nor do we agree with the defendant that the requirement of remaining drug free is an outdated moral judgment about an individual's addiction," wrote Associate Justice Barbara Lenk. "The judge here did not abuse her discretion by imposing the special condition of probation requiring the defendant to remain drug free."
The court called the actions of two district court judges and the state probation department "exemplary." The justices noted that Eldred had admitted to police that she had stolen to support her drug habit.
Most addiction specialists - including groups such as the National Institute on Drug Abuse and American Society of Addiction Medicine - view substance use disorder as a brain disease that interferes with a person's ability to control his or her desire to use drugs. |
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