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Nebraska court orders disclosure of execution drug records
U.S. Court News | 2020/05/17 13:44
Nebraska prison officials cannot withhold public records that reveal where they purchased their supply of lethal injection drugs, the state's highest court ruled Friday.

In ordering the documents to be disclosed for public scrutiny, the Nebraska Supreme Court sided with two newspapers and a prisoner advocacy group that had sued the Department of Correctional Services after it refused to release records related to its supply of execution drugs in 2017.

The department previously had regularly disclosed such records without objection to anyone who requested them. Department officials at the time were under increasing pressure to obtain lethal injection drugs as death-penalty critics questioned whether Nebraska would ever carry out another execution.

Media outlets including The Associated Press, The Omaha World-Herald and The Lincoln Journal Star filed formal requests in 2017 for records including purchase orders for the lethal injection drugs that would have identified the supplier. The American Civil Liberties Union of Nebraska filed a similar request. The Omaha World-Herald, the Lincoln Journal Star and the ACLU of Nebraska sued after the request was denied, arguing that the department had violated Nebraska's open-records laws.

Prison officials said the state's supplier should be considered a member of the official “execution team,” whose identities are confidential under Nebraska law.

A district court judge ordered the department to release the records in 2018, and the case has been under appeal ever since. That same year, Nebraska executed its first inmate since 1997, using the drugs prison officials had obtained from the unknown supplier.




Called to order: Supreme Court holds 1st arguments by phone
U.S. Court News | 2020/05/11 13:39
They politely took turns speaking. Not a child, spouse or dog could be heard in the background. The conference call went long, but not by that much.

And with that, the Supreme Court made history Monday, hearing arguments by telephone and allowing the world to listen in live, both for the first time.

The arguments were essentially a high-profile phone discussion with the nine justices and two arguing lawyers. The session went remarkably smoothly, notable for a high court that prizes tradition and only reluctantly changes the way it operates.

The high court had initially postponed arguments in 20 cases scheduled for March and April because of the coronavirus pandemic. Courtroom sessions were seen as unsafe, especially with six justices aged 65 or older and at risk of getting seriously sick from the virus. But the justices ultimately decided to hear 10 cases by phone  over six days this month.

The court chose a somewhat obscure case about whether the travel website Booking.com can trademark its name for its first foray into remote arguments. The more high-profile arguments come next week.

Monday’s groundbreaking session began at the usual time of 10 a.m. EDT, when Marshal Pamela Talkin called the court to order and Chief Justice John Roberts announced the case.


Meghan's privacy case against tabloid heard at UK Court
U.S. Court News | 2020/04/23 13:28
A preliminary hearing opened Friday at Britain’s High Court in the Duchess of Sussex’s legal action against a British newspaper that published what she describes as a “private and confidential” letter she wrote to her father.

Meghan is suing the Mail on Sunday and its parent company, Associated Newspapers, for publishing parts of an August 2018 letter she wrote to Thomas Markle. The civil lawsuit accuses the newspaper of copyright infringement, misuse of private information and violating the U.K.’s data protection law.

Associated Newspapers published sections of the letter in February last year. It denies the allegations — particularly the claim that the letter was presented in a way that changed its meaning. Lawyers for Associated Newspapers want the court to strike out parts of Meghan’s case ahead of a full trial, arguing that allegations of “dishonesty and malicious intent” should not form part of her case.

As the hearing opened via video conferencing, Anthony White, a lawyer representing the publisher, told the judge that lawyers for Meghan had made “further assertions of improper, deliberate conduct,” and that she accused the publisher of “harassing, humiliating, manipulating and exploiting” Thomas Markle.

White rejected the duchess’s allegations that the publisher had deliberately sought to “manufacture or stoke a family dispute for the sake of having a good story or stories to publish.” He said this was “irrelevant to the claim for misuse of private information”, and asked the judge to strike out that allegation.


Court: UK shouldn’t give US evidence on pair of IS militants
U.S. Court News | 2020/03/26 10:25
A court on Wednesday barred the British government from providing U.S. prosecutors with evidence against two Islamic State militants suspected in the beheadings of Western hostages, citing the prospect the men could face the death penalty if tried and convicted in America.

The ruling by the British Supreme Court blocks an earlier decision by the country’s authorities to cooperate with the U.S. by sharing information about El Shafee Elsheikh and Alexanda Kotey.

The British men, captured two years ago by a Kurdish-led, U.S.-backed militia, are accused of participation in a brutal Islamic State group known for beheadings and barbaric treatment of American aid workers, journalists and other hostages in Syria.

The court decision is a setback for the U.S. Justice Department, where officials for years have been investigating the killings. U.S. officials have not announced any charges against the men, but have spoken publicly about their desire to see members of the cell, known as “The Beatles” for their British accents, face justice. The men were transferred to U.S. custody last October as Turkey invaded Syria to attack Kurds who have battling the Islamic State alongside American forces.

“We are disappointed with the UK Supreme Court’s decision and are considering the appropriate next steps,” said Justice Department spokesman Marc Raimondi. “As our investigation of these individuals continues, we will work with our UK counterparts on a path forward, consistent with our shared commitment to ensuring that those who commit acts of terror are held accountable for their crimes.”

It was not clear what those next steps would be, or whether the decision might prompt the Justice Department to remove the possibility of the death penalty from any eventual prosecution. Attorney General William Barr said in a private meeting last year with victims’ relatives that he wanted to see the militants brought to justice.


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