Tag Archives: Court

U.S. judge declines to block Trump’s new asylum border rule

FILE PHOTO: U.S. Immigration and Customs Enforcement officers make an arrest after carrying out a raid in San Francisco, California, U.S. in this July 7, 2019 handout photo. Ron Rogers/U.S. Immigration and Customs Enforcement/Handout via REUTERS

(Reuters) – A U.S. district judge on Wednesday declined to block a new rule that bars almost all immigrants from applying for asylum at the country’s southern border, handing a victory to U.S. President Donald Trump’s crackdown on immigration.

Judge Timothy Kelly in the U.S. District Court for the District of Columbia denied a temporary restraining order that would have blocked a rule the Trump administration implemented on July 16 that requires asylum-seekers to first pursue safe haven in a third country through which they had traveled on their way to the United States, according to a court filing.

Oral arguments took place on Monday.

The ruling was issued in a lawsuit filed by the Capital Area Immigrants’ Rights Coalition.

The suit is similar to an action led by the American Civil Liberties Union that challenged the Trump administration rule in the U.S. District Court for the Northern District of California. That case is due for a hearing on Wednesday.

Trump’s rule to restrict asylum-seekers was his latest anti-immigration measure ahead of the 2020 presidential election. Trump promised during the 2016 campaign to build a wall on the U.S.-Mexico border and called for a ban on Muslims entering the United States.

The Trump administration has issued a rapid-fire series of anti-immigration edicts recently, the latest coming on Monday with a new rule to expedite deportations for immigrants who have crossed illegally and are caught anywhere in the United States, expanding a program typically applied only along the southern border with Mexico.

Democrats have blasted the policies as cruel, faulting the Trump administration for warehousing migrants in crowded detention facilities along the border and separating immigrant children from the adults they have traveled with.

(Reporting by Mica Rosenberg and Daniel Trotta; Editing by David Gregorio and Paul Simao)

Trump drops census citizenship question, vows to get data from government

U.S. President Donald Trump stands with Commerce Secretary Wilbur Ross and Attorney General Bill Barr to announce his administration's effort to add a citizenship question to the 2020 census during an event in the Rose Garden of the White House in Washington, U.S., July 11, 2019. REUTERS/Carlos Barria

By Jeff Mason and David Shepardson

WASHINGTON (Reuters) – U.S. President Donald Trump retreated on Thursday from adding a contentious question on citizenship to the 2020 census, but insisted he was not giving up his fight to count how many non-citizens are in the country and ordered government agencies to mine their databases.

Trump’s plan to add the question to the census hit a roadblock two weeks ago when the U.S. Supreme Court ruled against his administration, which had said new data on citizenship would help to better enforce the Voting Rights Act, which protects minority rights.

The court ruled, in considering the litigation by challengers, that the rationale was “contrived.” Critics of the effort said asking about citizenship in the census would discriminate against racial minorities and was aimed at giving Republicans an unfair advantage in elections by lowering the number of responses from people in areas more likely to vote Democratic.

Trump, a Republican, and his supporters say it makes sense to know how many non-citizens are living in the country.

“We will utilize these vast federal databases to gain a full, complete and accurate count of the non-citizen population, including databases maintained by the Department of Homeland Security and the Social Security Administration. We have great knowledge in many of our agencies,” Trump said in remarks in the White House Rose Garden on Thursday. “We will leave no stone unturned,” he said.

Trump said he was not reversing course.

“We are not backing down on our effort to determine the citizenship status of the United States population,” he said.

But there could be more legal challenges ahead for the administration because the U.S. Constitution states that every person living in the country should be counted to determine state-by-state representation in Congress and that is done every 10 years in the Census, not by other means.

“We will vigorously challenge any attempt to leverage census data for unconstitutional redistricting methods,” said Michael Waldman, president of the Brennan Center for Justice, a law and policy institute at the NYU School of Law.

Waldman said his group would also challenge “any administration move to violate the clear and strong rules protecting the privacy of everyone’s responses, including the rules barring the use of personal census data to conduct law or immigration enforcement activities.”

IMMIGRATION POLICIES

Trump, who has made hard-line policies on immigration a feature of his presidency and his campaign for re-election in 2020, said he was ordering every government agency to provide the Department of Commerce with all requested records regarding the number of citizens and non-citizens. The U.S. Census Bureau is part of the Commerce Department.

“That information will be useful for countless purposes, as the president explained in his remarks today,” U.S. Attorney General William Barr said in a statement.

Barr cited a legal dispute on whether illegal immigrants can be included for determining apportionment of congressional districts. “Depending on the resolution of that dispute, this data may possibly prove relevant. We will be studying the issue.”

The approach announced by Trump on Thursday was similar to the one proposed by a Census Bureau official to Commerce Secretary Wilbur Ross, according to a memorandum made public by congressional Democrats in 2018. It said the costs of adding a citizenship question to the Census would be high, but using existing administrative records would not.

Opponents called Thursday’s decision a defeat for the administration, but promised they would look closely to determine the legality of Trump’s new plan to compile and use citizenship data outside of the census.

Rights groups in citizenship-question lawsuits in federal courts in New York and Maryland have no plans to abandon the litigation, Sarah Brannon of the American Civil Liberties Union Voting Rights Project, and John Yang, president of Asian Americans Advancing Justice, said on a conference call with reporters.

They also see potential for future litigation over the Trump administration’s collection of data, as well as how those data are used in state redistricting.

“We will sue as necessary,” Brannon said.

The Census is also used to distribute some $800 billion in federal services, including public schools, Medicaid benefits, law enforcement and highway repairs.

(Reporting by Jeff Mason and David Shepardson; additional reporting by Roberta Rampton, Doina Chiacu, Makini Brice and Eric Beech in Washington and Andrew Chung and Lauren LaCapra in New York; Writing by Patricia Zengerle; Editing by Grant McCool and Leslie Adler)

U.S. rights groups, doctors sue to stop Georgia ‘heartbeat’ abortion ban

FILE PHOTO: Abortion-rights campaigners attend a rally against new restrictions on abortion passed by legislatures in eight states including Alabama and Georgia, in New York City, U.S., May 21, 2019. REUTERS/Jeenah Moon

(Reuters) – A group of civil rights organizations, doctors and clinics sued Georgia’s government on Friday to overturn a law passed in March that bans abortions if an embryonic or fetal heartbeat can be detected.

The law, which was passed by Republicans, will make abortion possible only in the first few weeks of a pregnancy absent a medical emergency, in many cases before a woman even realizes she is pregnant. It is due to take effect in January.

“This law is an affront to the dignity and health of Georgians,” the lawsuit, which was filed by the Center for Reproductive Rights on behalf of the plaintiffs, said. It said that Georgians, particularly black Georgians, already die from pregnancy-related causes at a higher rate than in most other U.S. states.

At least four other Republican-led states this year passed laws dramatically limiting abortion. The laws are in conflict with the U.S. Supreme Court’s 1973 Roe v. Wade decision, which found that women have a constitutional right to abort a pregnancy.

Some religious conservatives hope the passage of such laws will force the Supreme Court, in which conservative-leaning justices hold the majority, to revisit and even overturn the Roe v. Wade decision. Until the new law takes effect, Georgians are allowed to get an abortion until about the 20th week of pregnancy, with narrow exceptions.

The lawsuit names Georgia Governor Brian Kemp, Georgia Attorney General Christopher Carr, and other state government and medical officials as defendants. The lawsuit asks a judge to block the law from being enforced.

A spokeswoman for Carr, Katie Byrd, said by email that her office could not comment on pending litigation. A spokesman for Kemp did not immediately respond to a request for comment.

A doctor who performs an abortion after an embryonic or fetal heartbeat is detected could be imprisoned for up to 10 years under Georgia’s new law.

Defenders of the law say they believe an embryo or a fetus should be afforded similar rights to those of a baby, often citing religious arguments in their support.

The law’s opponents say denying women abortions has already been deemed unconstitutional, and note that abortion restrictions force some women to turn to riskier means to end a pregnancy, which can sometimes be deadly.

(Reporting by Jonathan Allen; Additional reporting by Peter Szekely; Editing by Susan Thomas and Bill Trott)

Ex-U.S. Marine accused of spying by Russia asks Trump to help

Former U.S. Marine Paul Whelan, who was detained and accused of espionage, speaks inside a defendants' cage during a court hearing to consider an appeal to extend his detention in Moscow, Russia June 20, 2019. REUTERS/Maxim Shemetov

MOSCOW (Reuters) – A former U.S. Marine held in Russia on suspicion of spying called on U.S. President Donald Trump and the leaders of Britain, Canada and Ireland to help him as he appeared in court at an appeal hearing on Thursday.

Paul Whelan, who holds U.S., British, Canadian and Irish passports, was detained in a Moscow hotel room on Dec. 28 and accused of espionage, a charge he denies. If found guilty, he faces up to 20 years in jail.

Whelan said last month that he had been threatened by a Russian investigator in custody and harassed, accusations that added to strains in U.S.-Russian relations.

“Mr president (Trump), we cannot keep America great unless we aggressively protect and defend American citizens wherever they are in the world,” Whelan told reporters at a hearing in Moscow on Thursday.

“I am asking the leaders and governments in Ottawa, Dublin, London and Washington for their help and public statements of support,” he said, standing inside a glass cage.

Whelan’s lawyer has said his client was framed and that he was given a flash drive by an acquaintance that he thought contained holiday photos, but that actually held classified information.

Whelan was in court on Thursday to appeal against the extension of his custody until Aug. 29. The court ruled against him.

(Reporting by Maxim Rodionov; writing by Tom Balmforth; Editing by Kevin Liffey)

Russia extends detention of ex-U.S. Marine accused of spying

Former U.S. marine Paul Whelan who is being held on suspicion of spying talks with his lawyers Vladimir Zherebenkov and Olga Kralova, as he stands in the courtroom cage after a ruling regarding extension of his detention, in Moscow, Russia, February 22, 2019. REUTERS/Shamil Zhumatov

By Tom Balmforth and Alexander Reshetnikov

MOSCOW (Reuters) – A Russian court on Friday ruled that Paul Whelan, a former U.S. Marine accused of spying, should be held in a pre-trial detention facility for a further three months to give investigators more time to look into his case.

Whelan, who holds U.S., British, Canadian and Irish passports, was detained in a Moscow hotel room on Dec. 28 and accused of espionage, a charge he denies. If found guilty, he could be imprisoned for up to 20 years.

The case has put further strain on already poor U.S.-Russia relations as has that of another detained American, private equity chief Michael Calvey.

Russia’s Federal Security Service detained Whelan after an acquaintance handed him a flash drive containing classified information. Whelan’s lawyer says his client was misled.

Whelan had met the same person in the town of Sergiev Possad in May last year where they visited the town’s monastery and other tourist sites, the lawyer, Vladimir Zherebenkov, told reporters on Friday.

When Whelan returned to Russia again in December to attend a wedding, the same acquaintance unexpectedly turned up and gave him a flash drive containing what Whelan thought were photographs of the earlier trip, the lawyer said.

“Paul and I consider this was a provocation and a crime by his acquaintance,” said Zherebenkov, saying Whelan had known the man, whom he did not name, for several years.

Whelan on Friday appeared in court in a cage and looked downcast when he spoke briefly to reporters before masked security officials cut him off.

“I could do with care packages, food, things like that, letters from home,” Whelan said.

The court on Friday said Whelan would be held in pre-trial detention until May 28, extending an earlier ruling to keep him in custody until Feb. 28.

The U.S. embassy in Moscow said a consular official had visited Whelan in custody on Thursday.

It said, however, that it was unable to provide further information as Whelan had not been allowed by investigators to sign a privacy act waiver (PAW) that would legally allow the U.S. government to release information about the case.

“In every other instance, we have been able to obtain a signed PAW, but in Mr. Whelan’s case, the Investigative Committee is not allowing this to happen. Why is this case any different?” embassy spokeswoman Andrea Kalan wrote on Twitter.

(Additional reporting by Maria Tsvetkova and Maxim Rodionov; editing by Andrew Osborn)

Pakistan court upholds acquittal of Christian woman accused of blasphemy

Paramilitary soldiers stand guard outside the Supreme Court building in Islamabad, Pakistan January 29, 2019. REUTERS/Saiyna Bashir

By Asif Shahzad

ISLAMABAD (Reuters) – Pakistan’s Supreme Court on Tuesday upheld the acquittal of a Christian woman who spent years on death row after being convicted of blasphemy, dismissing a petition filed by Islamists who have called for her execution.

“On merit, this petition is dismissed,” Chief Justice Asif Saeed Khosa said in court, saying the petitioners, led by a village prayer leader, had failed to point out any mistake in the original judgment

Asia Bibi, a farm worker, was convicted in 2010 of making derogatory remarks about Islam after neighbors working in the fields with her objected to her drinking water from their glass because she was not Muslim.

Her conviction was overturned in October, prompting protests from religious hardliners calling for her death and demanding that the government prevent her from leaving the country.

Under pressure from days of protests in the capital, Islamabad, and other cities, the government agreed to stop Bibi leaving the country until the Supreme Court heard a review petition.

Bibi, who spent eight years on death row, has been in hiding since the Supreme Court freed her in October. She has always denied committing blasphemy.

In remarks in court, Khosa was severely critical of the petitioners’ attempt to have the judgment reversed and said Bibi had been convicted on the basis of false evidence, pointing to discrepancies in testimony presented in the original case.

“You think we give the death sentence to someone on the basis of false evidence?” Khosa said. “Such lies were told that one statement doesn’t match with another.”

“Please point out any error in our judgment and we’re ready to rectify it,” he said.

“You start declaring someone deserves to be killed just on the basis of false evidence.”

Hours before the Supreme Court announced its decision, Shafeeq Ameeni, acting head of the hardline Tehreek-e Labaik group, which led the protests last year, issued a new warning to the court not to rule in favor of the “blasphemer”.

Ameeni was not immediately available for comment after the ruling.

Bibi’s case attracted headlines around the world last year, highlighting Pakistan’s strict anti-blasphemy laws which campaigners have urged the government to repeal.

Rights group Amnesty International issued a statement calling for Bibi, who is staying at an undisclosed location, to be allowed to “reunite with her family and seek safety in a country of her choice”.

“The authorities must also resist and investigate any attempts to intimidate the Supreme Court,” said Amnesty International’s South Asia campaigner, Rimmel Mohydin.

“They have a duty to protect against threats of violence to harm religious minorities or the lives of judges or other government officials.”

If allowed to do so, Bibi is expected to seek asylum abroad. In November, Canadian Premier Justin Trudeau said his country was in talks with Pakistan about helping her.

(Writing by Drazen Jorgic; Editing by Robert Birsel)

El Chapo loses last minute bid to postpone trial

Joaquin "El Chapo" Guzman's defense attorney Jeffrey Lichtman walks out of United States District Court for the Eastern District of New York in the Brooklyn borough of New York, New York, U.S., October 30, 2018. REUTERS/Carlo Allegri

By Brendan Pierson

NEW YORK (Reuters) – A U.S. judge on Tuesday turned down a last-ditch effort by accused Mexican drug lord Joaquin “El Chapo” Guzman to delay his trial, scheduled to begin next Monday with jury selection in Brooklyn federal court.

Lawyers for Guzman said in a motion last week that they needed more time to review more than 14,000 pages documents, largely related to key witnesses expected to testify against their client, that prosecutors turned over on Oct. 5.

However, U.S. District Judge Brian Cogan said at a hearing on Tuesday that the volume of documents was in line with what they should have expected, noting that prosecutors had said in July that it could be 25,000 pages and that sprawling, complex cases like Guzman’s were necessarily challenging for both sides.

“Nobody is going to be as ready to try this case as they would like to be,” he said.

In what he called a small concession to the defense, Cogan ruled that opening statements in the trial would begin no earlier than Nov. 13, which could allow some extra time to prepare if jury selection finishes early next week.

Cogan also raised concerns at the hearing about the prosecutors’ planned case at the hearing. He said he was concerned that the prosecutors had indicated that they were prepared to present evidence that Guzman was involved in more than 30 murder conspiracies, even though the charges against him are for drug trafficking.

“This is a drug case,” he said. “I’m not in any way going to let them try a murder conspiracy case that happens to involve drugs.”

He said that while some evidence of murder conspiracies connected to alleged drug trafficking would be allowed, it would be limited.

Guzman, 61, has been in solitary confinement since being extradited to the United States from Mexico in January 2017. He was known internationally as the head of Mexico’s Sinaloa Cartel.

(Reporting By Brendan Pierson in New York; Editing by Susan Thomas)

Mail bomb suspect in court on Monday as CNN reports fresh package

Cesar Altieri Sayoc appears in Minneapolis, Minnesota, U.S. in this August 31, 2005 handout booking photo obtained by Reuters October 26, 2018. Hennepin County SheriffÕs Office/Handout via REUTERS

(Reuters) – A suspicious package addressed to CNN was intercepted in Atlanta, the network announced on Monday, as a man accused of mailing bombs to the network and some of U.S. President Donald Trump’s leading critics was due to make his first appearance before a federal judge in Miami on Monday.

The package addressed to the news network was intercepted at an Atlanta post office, CNN Worldwide President Jeff Zucker said in a post on Twitter.

Zucker said there was no imminent danger and that since Wednesday all mail to CNN has been screened at offsite facilities. The Time Warner Center in New York, where CNN’s New York operation is located, was evacuated on Wednesday after a suspicious package turned up there.

Cesar Sayoc, a former male stripper and part-time pizza deliveryman, was arrested on Friday on suspicion of mailing at least 14 pipe bombs to CNN, a range of prominent Democrats, and other frequent targets of Trump’s scorn, including former President Barack Obama. Sayoc was due to appear in court in Miami later on Monday.

(Writing by Rich McKay; editing by Nick Macfie and Jonathan Oatis)

Man charged with Pittsburgh synagogue massacre due in court

FILE PHOTO: Mourners react during a memorial service at the Sailors and Soldiers Memorial Hall of the University of Pittsburgh, a day after 11 worshippers were shot dead at a Jewish synagogue in Pittsburgh, Pennsylvania, U.S., October 28, 2018. REUTERS/Cathal McNaughton

By Jessica Resnick-Ault

PITTSBURGH (Reuters) – The man charged with shooting 11 worshipers to death at a Pittsburgh synagogue, marking the deadliest ever attack on America’s Jewish community, was due to make his first court appearance on Monday before a federal judge.

Robert Bowers, 46, who has a history of posting anti-Semitic material online, has been charged with 29 criminal counts, including the violation of U.S. civil rights laws in what federal prosecutors say was a hate crime.

Several of the charges can be punishable by the death penalty.

Bowers is accused of storming into the Tree of Life temple in Squirrel Hill, the heart of Pittsburgh’s close-knit Jewish community, yelling “All Jews must die” as he opened fire on members of three congregations holding Sabbath prayer services there on Saturday morning.

In addition to the 11 mostly elderly worshipers who were killed, six people, including four police officers who confronted the gunman, were wounded before the suspect surrendered. Two of the surviving victims remained hospitalized in critical condition.

“The fact that this attack took place during a worship service makes it even more heinous,” U.S. Attorney Scott Brady said on Sunday at a news conference.

Bowers’ initial appearance before a judge was scheduled for Monday afternoon in U.S. District Court in Pittsburgh, Brady said.

About 2,500 people attended an interfaith memorial service for the victims that was held late on Sunday on the University of Pittsburgh campus.

The dead included two brothers in their 50s, David and Cecil Rosenthal, a married couple in their 80s, Sylvan and Bernice Simon, and 97-year-old Rose Mallinger, the oldest of the victims.

Another was Dr. Jerry Rabinowitz, 66, a family physician who initially escaped the attack only to be killed when he returned to render aid to the wounded, according to a Wall Street Journal op-ed column by Pittsburgh carpet salesman Lou Weiss, who knew five of the victims personally.

The killings rocked the Squirrel Hill community, an enclave that encompasses several synagogues and Jewish religious schools, and sparked security alerts at places of worship across the country.

The massacre also took on political overtones as some complained that the confrontational, nationalistic rhetoric of U.S. President Donald Trump has encouraged right-wing extremists and fed a surge in activity by hate groups.

Trump, who branded Saturday’s shooting an act of pure evil and called on Americans to rise above hatred, was already facing similar criticism after pipe bombs were mailed last week to some of his most prominent political adversaries. The targets, mostly Democrats, included former U.S. President Barack Obama.

Cesar Sayoc, 56, a strip club DJ and part-time pizza delivery man whose van was pasted with pro-Trump images and slogans disparaging the political left, was arrested in the pipe bomb case on Friday and faced his first court appearance on Monday in Florida.

(Reporting by Jessica Resnick-Ault; Writing by Steve Gorman; Editing by Daniel Wallis)

Exclusive: Turkey’s Erdogan says court will decide fate of detained U.S. pastor

Turkey's President Recep Tayyip Erdogan addresses the 73rd session of the United Nations General Assembly at U.N. headquarters in New York, U.S., September 25, 2018. REUTERS/Carlo Allegri

By Stephen Adler and Parisa Hafezi

NEW YORK (Reuters) – Turkish President Tayyip Erdogan said a Turkish court, not politicians, will decide the fate of an American pastor whose detention on terrorism charges has hit relations between Ankara and Washington.

U.S. Secretary of State Mike Pompeo said on Monday he was hopeful Turkey would release evangelical pastor Andrew Brunson this month. The preacher was moved to house arrest in July after being detained for 21 months.

In an interview with Reuters late on Tuesday while he was in New York for the United Nations General Assembly meetings, Erdogan said any decision on Brunson would be made by the court.

“This is a judiciary matter. Brunson has been detained on terrorism charges … On Oct. 12 there will be another hearing and we don’t know what the court will decide and politicians will have no say on the verdict,” Erdogan said.

If found guilty, Brunson could be jailed for up to 35 years. He denies the charges. “As the president, I don’t have the right to order his release. Our judiciary is independent. Let’s wait and see what the court will decide,” Erdogan said.

U.S. President Donald Trump, infuriated by Brunson’s detention, authorized a doubling of duties on aluminum and steel imported from Turkey in August. Turkey retaliated by increasing tariffs on U.S. cars, alcohol and tobacco imports.

The Turkish lira has lost nearly 40 percent of its value against the dollar this year on concerns over Erdogan’s grip on monetary policy and the diplomatic dispute between Ankara and Washington.

“The Brunson case is not even closely related to Turkey’s economy. The current economic challenges have been exaggerated more than necessary and Turkey will overcome these challenges with its own resources,” Erdogan said.

Turkey’s central bank raised its benchmark rate by a hefty 625 basis points this month, boosting the lira and possibly easing investor concern over Erdogan’s influence on monetary policy. Erdogan said he was against the measure.

“It shows the central bank is independent. As the president, I am against high-interest rates and I am repeating my stance here again,” he said, adding that high rates “primarily scare away investors”.

“This was a decision made by the central bank … I hope and pray that their expectations will be met because high rates lead to high inflation. I hope the other way around will happen this time.”

The lira firmed slightly on Wednesday morning after Erdogan’s assurance on the independence of the central bank was published.

IMPROVING TIES

In an effort to boost the economy and attract investors, Erdogan will travel on Sept. 28 to Germany, a country that is home to millions of Turks.

“We want to completely leave behind all the problems and to create a warm environment between Turkey and Germany just like it used to be,” Erdogan said, adding that he will meet Chancellor Angela Merkel during his visit.

The two NATO members have differed over Turkey’s crackdown on suspected opponents of Erdogan after a failed coup in 2016 and over its detention of German citizens.

On Syria, Erdogan said it was impossible for Syrian peace efforts to continue with President Bashar al-Assad in power.

Earlier this month, Turkey and Russia reached an agreement to enforce a new demilitarized zone in Syria’s Idlib region from which “radical” rebels will be required to withdraw by the middle of next month.

But Erdogan said the withdrawal of “radical groups” had already started.

“This part of Syria will be free of weapons which is the expectation of the people of Idlib … who welcomed this step,” he said. The demilitarized zone will be patrolled by Turkish and Russian forces.

Close to 3 million people live in Idlib, around half of them displaced by the war from other parts of Syria.

Erdogan said Turkey will continue to buy natural gas from Iran in line with its long-term supply contract despite Trump’s threats to punish countries doing business with Iran.

“We need to be realistic … Am I supposed to let people freeze in winter? …Nobody should be offended. How can I heat my people’s homes if we stop purchasing Iran’s natural gas?,” he said.

Trump pulled the United States out of a 2015 multinational nuclear deal with Iran and in August Washington reimposed sanctions on Tehran, lifted in 2016 under the pact. U.S. sanctions on Iran’s energy sector are set to be re-imposed in November.

(Writing by Parisa Hafezi; Editing by Raju Gopalakrishnan and Andrew Heavens)