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Populist lawmaker Wilders convicted of anti-Moroccan chants
U.S. Court News | 2016/12/20 00:37
Populist anti-Islam lawmaker Geert Wilders was found guilty Friday of insulting and inciting discrimination against Moroccans, a conviction he immediately slammed as a "shameful" attack on free speech and an attempt to "neutralize" him.

Presiding Judge Hendrik Steenhuis said the court would not impose a sentence because the conviction was punishment enough for a democratically elected lawmaker.

Wilders was not in court for the verdict that came just over three months before national elections. His Party for Freedom is narrowly leading a nationwide poll of polls and has risen in popularity during the trial.

Wilders quickly released a video message, in English and Dutch, slamming the judgment and vowing to appeal.

"Today, I was convicted in a political trial which, shortly before the elections, attempts to neutralize the leader of the largest and most popular opposition party," Wilders said. "They will not succeed."

Even before the hearing, Wilders had vowed not to be silenced. "Whatever the verdict, I will continue to speak the truth about the Moroccan problem, and no judge, politician or terrorist will stop me," he tweeted.

The politically charged prosecution centered on comments Wilders made before and after the Dutch municipal elections in 2014. At one meeting in a Hague cafe, he asked supporters whether they wanted more or fewer Moroccans in the Netherlands. That sparked a chant of "Fewer! Fewer! Fewer!" — to which he replied, "we'll take care of it."

Prosecutors say that Wilders, who in 2011 was acquitted at another hate speech trial for his outspoken criticism of Islam, overstepped the limits of free speech by specifically targeting Moroccans.



Federal judge agrees to end Michigan recount after 3 days
Legal News | 2016/12/19 00:37
A federal judge who ordered Michigan to begin its recount effectively ended it on Wednesday, tying his decision to a state court ruling that found Green Party candidate Jill Stein had no legal standing to request another look at ballots.

The ruling seals Republican Donald Trump's narrow victory over Democrat Hillary Clinton for Michigan's 16 electoral votes.

U.S. District Judge Mark Goldsmith agreed with Republicans who argued that the three-day recount must end a day after the state appeals court dealt a blow to the effort. The court said Stein, who finished fourth in Michigan on Nov. 8, didn't have a chance of winning even after a recount and therefore isn't an "aggrieved" candidate.

"Because there is no basis for this court to ignore the Michigan court's ruling and make an independent judgment regarding what the Michigan Legislature intended by the term 'aggrieved,' plaintiffs have not shown an entitlement to a recount," Goldsmith said.

It was the judge's midnight ruling Monday that started the recount in Michigan. But Goldsmith's order dealt with timing — not whether a recount was appropriate. More than 20 of 83 counties already were counting ballots again. They reported minor changes in vote totals, although many precincts couldn't be examined for a second time for a variety of reasons.

Earlier Wednesday, the Michigan elections board voted, 3-1, to end the recount if Goldsmith extinguished his earlier order.

State Republican Party Chairman Ronna Romney McDaniel and Attorney General Bill Schuette said it's a victory for voters and taxpayers. Stein now is left with asking the Michigan Supreme Court to intervene, which is a long shot.



Court blocks federal plan to extend overtime pay to many
Legal News Feed | 2016/12/18 00:38
In a blow to the Obama administration's labor-law plans, a federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season.

As a result of Tuesday's ruling, overtime changes set to take effect Dec. 1 are now unlikely be in play before vast power shifts to a Donald Trump administration, which has spoken out against Obama-backed government regulation and generally aligns with the business groups that stridently opposed the overtime rule.

The U.S. District Court in the Eastern District of Texas granted the nationwide preliminary injunction, saying the Department of Labor's rule exceeds the authority the agency was delegated by Congress.

"Businesses and state and local governments across the country can breathe a sigh of relief now that this rule has been halted," said Nevada Attorney General Adam Laxalt, who led the coalition of 21 states and governors fighting the rule and has been a frequent critic of what he characterized as Obama administration overreach. "Today's preliminary injunction reinforces the importance of the rule of law and constitutional government."

The regulation sought to shrink the so-called "white collar exemption" that allows employers to skip overtime pay for salaried administrative or professional workers who make more than about $23,660 per year. Critics say it's wrong that some retail and restaurant chains pay low-level managers as little as $25,000 a year and no overtime — even if they work 60 hours a week.


UK Supreme Court hears landmark challenge to Brexit plans
Legal Line News | 2016/12/18 00:37
Britain's Supreme Court began hearing a landmark case Monday that will decide who has the power to trigger the U.K.'s exit from the European Union — the government or Parliament.

The legal battle has major constitutional implications for the balance of power between the legislature and the executive, and has inflamed Britain's already raw wound over how and whether to leave the EU.

The court's most senior justice, David Neuberger, opened the four-day hearing by condemning the "threats of serious violence and unpleasant abuse" directed at Gina Miller, one of the claimants trying to ensure Parliament gets a say.

"Threatening and abusing people because they are exercising their fundamental right to go to court undermines the rule of law," Neuberger said, banning publication of the addresses of Miller and other parties in the case.

Neuberger and 10 other justices at the country's top court must decide whether Prime Minister Theresa May's government can invoke Article 50 of the EU's key treaty, the trigger for two years of divorce talks, without the approval of lawmakers.

May plans to trigger Article 50 by the end of March, using centuries-old government powers known as royal prerogative. The powers — traditionally held by the monarch but now used by politicians — enable decisions about joining or leaving international treaties to be made without a parliamentary vote.

Financial entrepreneur Miller and another claimant, hairdresser Deir Dos Santos, went to court to argue that leaving the EU would remove some of their rights, including free movement within the bloc, and that shouldn't be done without Parliament's approval.


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