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Trump’s Lawyers Meet With Prosecutors as Election Interference Charges Loom
Court News |
2023/07/28 12:31
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Lawyers for Donald Trump were meeting Thursday with members of special counsel Jack Smith’s team as a potential indictment loomed over the former president’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.
The meeting included Trump lawyer John Lauro, said the person, who spoke on the condition of anonymity to The Associated Press to describe a private gathering. Trump earlier this month was informed by Smith’s office that he was a target of the Justice Department’s investigation, suggesting that an indictment could be soon.
The investigation has focused on the turbulent two month-period after the November 2020 election in which Trump refused to accept his loss to Joe Biden and spread lies that victory was stolen from him. The turmoil resulted in the Jan. 6, 2021, riot at the U.S. Capitol, when Trump loyalists violently broke into the building, attacked police officers and disrupted the congressional counting of electoral votes. More than 1,000 people have been charged with federal crimes related to the Capitol riot.
In between the election and the riot, Trump urged local election officials to undo voting results in their states, pressured Vice President Mike Pence to halt the certification of electoral votes and falsely claimed that the election had been stolen — despite the fact that numerous federal and local officials, a long list of courts, top former campaign staffers and even his own attorney general have all said there is no evidence of the fraud he alleges.
A spokesman for Smith declined to comment on Thursday’s meeting.
Trump was charged by Smith’s team last month with illegally hoarding classified documents at his Palm Beach, Florida, estate, Mar-a-Lago, and concealing them from investigators. He was also indicted in New York in March on charges of falsifying business records in connection with an alleged hush money payment to a porn actor. And prosecutors in Fulton County, Georgia, are preparing to announce charging decisions in the coming weeks related to efforts to subvert the election in that state. |
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Judge upholds the $5 million jury verdict against Trump
Court News |
2023/07/21 07:49
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A federal judge on Wednesday upheld a $5 million jury verdict against Donald Trump, rejecting the former president’s claims that the award was excessive and that the jury vindicated him by failing to conclude he raped a columnist in a luxury department store dressing room in the 1990s.
Judge Lewis A. Kaplan said the jury’s May award of compensatory and punitive damages to writer E. Jean Carroll for sexual abuse and defamation in the civil case was reasonable.
Trump’s lawyers had asked Kaplan to reduce the jury award to less than $1 million or order a new trial on damages. In their arguments, the lawyers said the jury’s $2 million in compensatory damages granted for Carroll’s sexual assault claim was excessive because the jury concluded that Trump had not raped Carroll at Bergdorf Goodman’s Manhattan store in the spring of 1996.
Kaplan wrote that the jury’s unanimous verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law.”
The judge said the section requires vaginal penetration by a penis while forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse” rather than “rape.”
He said the definition of rape was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.
The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”
Trump’s lawyers were correct in arguing that the $2 million award for sexual abuse would have been excessive if the jury based the compensatory award on a conclusion that Trump had groped Carroll’s breasts through her clothing or similar conduct, the judge said. But, he said, that’s not what the jury found. |
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Supreme Court rules for nursing home patient’s family
Court News |
2023/06/28 11:27
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The Supreme Court on Thursday ruled for the family of a nursing home resident with dementia that had sued over his care, declining to use the case to broadly limit the right to sue government workers.
The man’s family went to court alleging that he was given drugs to keep him easier to manage in violation of his rights. The justices had been asked to use his case to limit the ability of people to use a federal law to sue for civil rights violations. That outcome could have left tens of millions of people participating in federal programs, including Medicare and Medicaid, without an avenue to go to court to enforce their rights.
The Supreme Court has previously said that a section of federal law — “Section 1983” — broadly gives people the right to sue state and local governments when their employees violate rights created by any federal statute.
The court by a 7-2 vote reiterated that Thursday, with Justice Ketanji Brown Jackson writing that Section 1983 “can presumptively be used to enforce unambiguously conferred federal individual rights.” Both liberal and conservative justices joined her majority opinion while conservative Justices Clarence Thomas and Samuel Alito dissented.
The court had been asked to say that when Congress creates a federal spending program — giving states money to provide services such as Medicare and Medicaid — they shouldn’t face lawsuits from individuals under Section 1983. The court rejected that invitation.
The specific case the justices heard involves the interaction of Section 1983 and the Federal Nursing Home Reform Act, a 1987 law that outlines requirements for nursing homes that accept federal Medicare and Medicaid funds. The court was being asked to answer whether a person can use Section 1983 to go to court with claims their rights under the nursing home act are violated. The answer is yes, the court said. |
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Yale student who reported rape can be sued for defamation
Court News |
2023/06/26 09:47
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In a decision scrutinizing how colleges investigate sexual assault allegations, Connecticut’s highest court ruled Friday that a former Yale student is not immune from a defamation lawsuit by a fellow student who was exonerated in criminal court after she accused him of rape.
The Connecticut court ruled 7-0 that because he had fewer rights to defend himself in university proceedings than he would in criminal court, the rape accuser can’t benefit fully from immunity granted to witnesses in criminal proceedings.
The unanimous ruling came despite warnings from more than a dozen violence prevention groups that such immunity is crucial to prevent rape victims from being discouraged to come forward.
It’s one of the few state court rulings on the topic in any U.S. court and could be cited widely in future cases, legal experts said. It ruled that Jane Doe, the pseudonym she used in court proceedings, was not immune from liability for statements she made to Yale investigators accusing fellow student Saifullah Khan of raping her in her dorm room in October 2015.
The decision could add to the already vexing problem of sexual assaults going unreported, violence prevention groups said in a brief to the state Supreme Court.
“Without protections from retaliation, including absolute immunity, victims will be dissuaded from using school reporting and disciplinary processes and will lose out on their education while perpetrators dodge accountability,” a lawyer for the groups wrote in a filing supporting the accuser’s immunity rights.
Khan is suing Doe and Yale over the rape allegations and his November 2018 expulsion from the school, saying the sex was consensual. Khan was criminally charged, but a jury acquitted him earlier in 2018. |
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