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Algerian court certifies Tebboune’s landslide reelection win
Legal Line News | 2024/09/14 11:14
Algeria’s constitutional court on Saturday certified the landslide victory of President Abdelmadjid Tebboune in last weekend’s election after retabulating vote counts that he and his two opponents had called into question.

The court said that it had reviewed local voting data to settle questions about irregularities that Tebboune’s opponents had alleged in two appeals on Monday.

“After verification of the minutes of the regions and correction of the errors noted in the counting of the votes,” it had lowered Tebboune’s vote share and determined that his two opponents had won hundreds of thousands more votes than previously reported, said Omar Belhadj, the constitutional court’s president.

The court’s decision makes Tebboune the official winner of the Sept. 7 election. His government will next decide when to inaugurate him for a second term.

The court’s retabulated figures showed Tebboune leading Islamist challenger Abdellali Hassan Cherif by around 75 percentage points. With 7.7 million votes, the first-term president won 84.3% of the vote, surpassing 2019 win by millions of votes and a double-digit margin.

Cherif, running with the Movement of Society for Peace, won nearly 950,000 votes, or roughly 9.6%. The Socialist Forces Front’s Youcef Aouchiche won more than 580,000 votes, or roughly 6.1%.

Notably, both challengers surpassed the threshold required to receive reimbursement for campaign expenses. Under its election laws, Algeria pays for political campaigns that receive more than a 5% vote share. The results announced by the election authority last week showed Cherif and Aouchiche with 3.2% and 2.2% of the vote, respectively. Both were criticized for participating in an election that government critics denounced as a way for Algeria’s political elite to make a show of democracy amid broader political repression.

Throughout the campaign, each of the three campaigns emphasized participation, calling on voters and youth to participate and defy calls to boycott the ballot. The court announced nationwide turnout was 46.1%, surpassing the 2019 presidential election when 39.9% of the electorate participated.


Google faces new antitrust trial after ruling declaring search engine a monopoly
Legal Line News | 2024/09/05 08:38
Australian actor and director Simon Baker, best known for his role as Patrick Jane in the CBS drama series “The Mentalist,” avoided a conviction Wednesday after pleading guilty to a charge of driving under the influence of alcohol near his rural home.

The 55-year-old appeared in the Mullumbimby Local Court in New South Wales state for sentencing after pleading guilty the week before to a charge of driving with a blood-alcohol concentration exceeding the legal limit of 0.05%.

Baker acted alongside Meryl Streep and Anne Hathaway in the Oscar-nominated 2006 film “The Devil Wears Prada” before starring as a former professional psychic who became a California Bureau of Investigation consultant in the hit series “The Mentalist” for eight seasons until 2015. He has worked on multiple shows and movies since, including a movie adaptation of Kazuo Ishiguro’s “ Klara and the Sun ” directed by Taika Waititi with an expected 2025 release.

Magistrate Kathy Crittenden accepted that Baker was remorseful and was unlikely to drive after drinking again. She released him on a nine-month good behavior bond with no conviction recorded. Australian judges have discretion to not record a conviction against first-time offenders under exceptional circumstances.

Police reported seeing Baker’s Tesla electric car driving erratically in the fashionable Byron Bay region where he lives at 2:11 a.m. July 20.

That was hours after a faulty software update issued by cybersecurity firm CrowdStrike created worldwide technological havoc, disrupting airlines, hospitals, government offices and financial systems. Crittenden said the outage knocked police systems offline and an electronic breath test could not be completed on Baker.

She said police resorted to an “old-fashioned sobriety test.”

Police reported Baker was unsteady on his feet and smelled of alcohol. He told police he had consumed four glasses of wine over dinner since 6 p.m., roughly eight hours prior. He was alone in the car.

Baker was “very polite and cooperative” and “extremely remorseful for his actions,” Crittenden said. Baker had since completed a traffic offenders’ rehabilitation program, the court was told.

Crittenden said four character references were tendered to the court about Baker’s community contributions, significant remorse and attesting to his conduct being out of character.

“The court has little difficulty in finding that Mr. Baker is remorseful for his offending and it is unlikely he will offend again,” she said.


Court revives Sarah Palin’s libel lawsuit against The New York Times
Legal Line News | 2024/08/28 13:44
A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.

It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.

The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.

The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.

Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”

“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.

Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.

The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.

Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.

The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.

It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.

“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said.


Fraud trial of George Santos to begin next month with an anonymous jury
Legal Line News | 2024/08/15 14:00
The fraud trial against former U.S. Rep. George Santos, slated to start in a matter of weeks, is coming into focus after a federal judge ruled Tuesday that jurors will have their identities kept secret from the public.

They won’t, however, be required to fill out a written questionnaire gauging their opinions of Santos when they arrive for jury selection Sept. 9, as his lawyers had requested.

Judge Joanna Seybert said during a brief hearing in federal court on Long Island that she agreed with the government’s assessment that a questionnaire would only bog the proceedings down.

She said questioning each potential juror in person would allow her and both sides to ask more varied and probing questions to elicit more truthful responses.

Prosecutors told the judge the trial could last three weeks because they expect to call at least three dozen witnesses, including some victims of Santos’ alleged crimes.

Santos has pleaded not guilty to a range of financial crimes, including lying to Congress about his wealth, collecting unemployment benefits while actually working, and using campaign contributions to pay for personal expenses such as designer clothing.

Seybert urged both sides to work together to “streamline” the proceedings where possible.

“Make me hopeful. Seriously,” she said. “Sit down and discuss what is absolutely necessary.”

Santos, who was dressed in a blue suit, declined to speak with reporters outside the courthouse after the hearing, the last expected before the trial.

But when asked whether he believed his client could receive a fair trial, Santos’ lawyer Robert Fantone said, “I think we’re going to be alright.”

In court, Santos’ lawyers pushed back at claims prosecutors made in prior legal filings that they’re not participating fully in the required pretrial document-sharing process known as discovery.

Prosecutors this month said they’ve turned over more than 1.3 million pages of records, while defense lawyers have produced just five pages. But when pressed by the judge, Santos’ lawyers maintained that they’ve turned over every document in their possession.

“We’re not stonewalling,” said Joe Murray, another Santos lawyer. “Trial by ambush is not how I operate.”

The New York Republican’s lawyers had argued in recent court filings that a questionnaire addressing potential jurors’ “knowledge, beliefs, and preconceptions” was needed because of the extensive negative media coverage surrounding Santos, who was expelled from Congress in December after an ethics investigation found “overwhelming evidence” he had broken the law and exploited his public position for his own profit.


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