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Britain cracks down on protests in threat to democratic norms
U.S. Court News | 2023/12/26 12:18
For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading “Just Stop Oil” off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.

They are among hundreds of environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.

The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say civil rights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful demonstrators, along with government officials labeling environmental activists extremists, mark a worrying departure for a liberal democracy.

“Legitimate protest is part of what makes any country a safe and civilized place to live,” said Jonathon Porritt, an ecologist and former director of Friends of the Earth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.

“The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.”

Britain is one of the world’s oldest democracies, home of the Magna Carta, a centuries-old Parliament and an independent judiciary. That democratic system is underpinned by an “unwritten constitution” — a set of laws, rules, conventions and judicial decisions accumulated over hundreds of years.

The effect of that patchwork is “we rely on self-restraint by governments,” said Andrew Blick, author of “Democratic Turbulence in the United Kingdom” and a political scientist at King’s College London. “You hope the people in power are going to behave themselves.”

But what if they don’t? During three turbulent and scandal-tarnished years in office, Boris Johnson pushed prime ministerial power to the limits. More recently, Prime Minister Rishi Sunak has asked Parliament to overrule the U.K. Supreme Court, which blocked a plan to send asylum-seekers to Rwanda.

Such actions have piled pressure on Britain’s democratic foundations. Critics say cracks have appeared.

As former Conservative justice minister David Lidington put it: “The ‘good chap’ theory of checks and balances has now been tested to destruction.”


Trump decides against testifying for second time in NY civil fraud trial
U.S. Court News | 2023/12/13 14:20
Donald Trump said Sunday he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.

The former president, the leading contender for the 2024 Republican nomination, had been expected to return to the witness stand Monday as a coda to his defense against New York Attorney General Letitia James ' lawsuit.

James, a Democrat, alleges Trump inflated his wealth on financial statements used in securing loans and making deals. The case threatens Trump’s real estate empire and cuts to the heart of his image as a successful businessman.

“I will not be testifying on Monday,” Trump wrote in an all-capital-letters, multipart statement on his Truth Social platform less than 20 hours before he was to take the witness stand.

“I have already testified to everything & have nothing more to say,” Trump added, leaving the final word among defense witnesses to an accounting expert hired by his legal team who testified last week that he found “no evidence, whatsoever, for any accounting fraud” in Trump’s financial statements.

A Trump spokesperson did not immediately respond to questions about his decision.

The decision was an abrupt change from Trump’s posture in recent days, when his lawyers said he was insistent on testifying again despite their concerns about a gag order that has cost him $15,000 in fines for disparaging the judge’s law clerk.

“President Trump has already testified. There is really nothing more to say to a judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump’s testimony and that of everyone else involved in the complex financial transactions at issue in the case,” Trump lawyer Christopher Kise said Sunday.

Trump’s decision came days after his son, Eric Trump, ditched his return appearance on the witness stand. Trump said on social media that he’d told Eric to cancel. It also follows Trump’s first trip back to court since he testified in the case on Nov. 6. Last Thursday, he watched from the defense table as the accounting professor, New York University professor Eli Bartov, blasted the state’s case and said Trump’s financial statements “were not materially misstated.”

Trump’s cancellation caught court officials by surprise. Without Trump on the witness stand, the trial will be on hold until Tuesday, when Bartov will finish his testimony. State lawyers say they’ll then call at least one rebuttal witness.


Hunter Biden is indicted on 9 tax charges in a special counsel investigation
U.S. Court News | 2023/12/08 12:46
Hunter Biden was indicted on nine tax charges in California as a special counsel investigation into the business dealings of President Joe Biden’s son intensifies against the backdrop of the 2024 election.

The new charges filed Thursday — three felonies and six misdemeanors — are in addition to federal firearms charges in Delaware alleging Hunter Biden broke laws against drug users having guns in 2018. They come after the implosion of a plea deal over the summer that would have spared him jail time, putting the case on track to a possible trial as his father campaigns for reelection.

Hunter Biden “spent millions of dollars on an extravagant lifestyle rather than paying his tax bills,” special counsel David Weiss said in a statement. The charges are centered on at least $1.4 million in taxes Hunter Biden owed during between 2016 and 2019, a period where he has acknowledged struggling with addiction. The back taxes have since been paid.

If convicted, Hunter Biden, 53, could a maximum of 17 years in prison. The special counsel probe remains open, Weiss said.

In a fiery response, defense attorney Abbe Lowell accused Weiss of “bowing to Republican pressure” in the case.

“Based on the facts and the law, if Hunter’s last name was anything other than Biden, the charges in Delaware, and now California, would not have been brought,” Lowell said in a statement.

The White House declined to comment on Thursday’s indictment, referring questions to the Justice Department or Hunter Biden’s personal representatives.

The charging documents filed in California, where he lives, detail spending on drugs, strippers, luxury hotels and exotic cars, “in short, everything but his taxes,” prosecutor Leo Wise wrote.

The indictment comes as congressional Republicans pursue an impeachment inquiry into President Biden, claiming he was engaged in an influence-peddling scheme with his son. The House is expected to vote next week on formally authorizing the inquiry.

No evidence has emerged so far to prove that Joe Biden, in his current or previous office, abused his role or accepted bribes, though questions have arisen about the ethics surrounding the Biden family’s international business.

The separate, long-running criminal investigation into Hunter Biden had been expected to wind down with a plea deal where he would have gotten two years’ probation after pleading guilty to misdemeanor tax charges and avoided prosecution on the gun charge if he stayed out of trouble.

The agreement was pilloried as a “sweetheart deal” by Republicans, including former President Donald Trump. Trump is facing his own criminal cases, including charges that he plotted to overturn the results of the 2020 election, which he lost to Biden, a Democrat.

Rep. James Comer, R-Ky., the chairman of the House Oversight Committee, gave credit for the new charges Thursday to two IRS investigators who testified before Congress that the Justice Department had mishandled and “slow walked” the investigation into the president’s son. Justice officials have denied those allegations.

The two IRS employees, Gary Shapley and Joseph Ziegler, said the indictment was “a complete vindication of our thorough investigation.”

The new charges against Hunter Biden include filing a false return and tax evasion felonies, as well as misdemeanor failure to file and failure to pay.

The defense signaled that it plans to fight the new charges, likely at least in part relying on immunity provisions from the original plea deal. Defense attorneys have argued those remain in force since that part of the agreement was signed by a prosecutor before the deal was scrapped.


Equal rights for same-sex couples approved by Thailand's Cabinet
U.S. Court News | 2023/11/22 12:51
Thailand’s Cabinet on Tuesday approved an amendment to its civil code to allow same-sex marriage, with an expectation for the draft to be submitted to Parliament next month.

Karom Polpornklang, a deputy government spokesperson, said the amendment to the Civil and Commercial Code will change the words “men and women” and “husband and wife” to “individuals” and “marriage partners” for same-sex couples to be able to receive the same rights that heterosexual couples receive.

He said the law would guarantee the right to form a family in a relationship between same-sex couples, adding that the next step will be an amendment to the pension fund law to recognize same-sex couples as well.

Prime Minister Srettha Thavisin told reporters that the draft law is expected to be proposed to Parliament on Dec. 12. If it becomes law after Parliament’s approval and King Maha Vajiralongkorn’s endorsement, Thailand will be the third place in Asia, after Taiwan and Nepal, to allow same-sex marriage.

While famous for being an LGBTQ+ friendly country, Thailand has struggled to pass a marriage equality law. Parliament last year debated several legal amendments to allow either marriage equality or civil unions, which do not grant same-sex couples all the same rights as heterosexual couples. All of the bills failed to be passed before the parliamentary session of the previous government ended.

The new government led by the Pheu Thai party, which took office in August, revived the attempt to pass a marriage equality bill, which it had promised during its election campaign.


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