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Kenya court blocks closing of world's biggest refugee camp
Attorney News | 2017/02/09 23:44
A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.

Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."

Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.

Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.

The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.

President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."

Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that.




Supreme Court temporarily blocks new NC districts, elections
Attorney News | 2017/01/10 08:58
The U.S. Supreme Court on Tuesday temporarily blocked a lower court ruling that had directed North Carolina legislators to redraw state legislative districts by March 15 and hold special elections within the altered districts this fall.

The court order granted the request of North Carolina Republican legislative leaders and state officials to delay November's ruling by a three-judge panel. The panel last summer threw out 28 state House and Senate districts as illegal racial gerrymanders.

The Supreme Court says its order will stay in place at least until the court decides whether to hear an appeal the state previously requested. If the justices take up the case, the stay will remain in effect pending a decision.

If no special elections are required, the next round of General Assembly elections would be held in late 2018. The GOP currently holds majorities large enough to override any vetoes by newly installed Democratic Gov. Roy Cooper. Special elections could give Democrats a chance to narrow those margins and give leverage to Cooper.

The delay comes in an atmosphere of intense political division in the state: On Tuesday, the governor expanded the scope of a lawsuit he previously had filed seeking to overturn laws GOP legislators passed to limit his powers just two weeks before he was sworn in.

The voters who sued over the maps alleged that Republican lawmakers drew the boundaries to create more predominantly white and Republican districts by effectively cramming black voters into adjacent Democratic districts. GOP lawmakers said the majority-black districts were drawn to protect them against lawsuits alleging they violated the U.S. Voting Rights Act.



Dems to use hearings on Trump picks to court working class
Attorney News | 2016/12/17 09:53
Determined to hold around two dozen Senate seats in 2018, Democrats will use the coming series of confirmation hearings to try to distinguish themselves from President-elect Donald Trump's billionaire nominees and convince working-class voters who elected him that he's not on their side.

While Democrats have little leverage to stop the Republican's picks in the Senate, they still plan a fight. To highlight what they say is the hypocrisy of Trump's campaign promise to be a champion for the economically struggling little guy, they'll focus on the nominees' wealth, ties to Wall Street and willingness to privatize Medicare, among other issues. In some cases, they'll seek to drag out the process by demanding more information and ensuring a full airing of potential conflicts of interest.

"We're going to give each of them a thorough examination to determine whether they'll actually stand up for workers against the special interests or rig the system even more," said incoming Senate Democratic Leader Chuck Schumer of New York, echoing some of Trump's own campaign rhetoric.

Democrats gave up their ability to block Trump's nominees in 2013, when then-Senate Majority Leader Harry Reid changed Senate rules and reduced the number of votes needed to end filibusters. Now in the majority, Republicans can confirm the nominees along partisan lines.

The limits of the Democratic minority have already been tested, as California Sen. Dianne Feinstein, who will be the top Democrat on the Senate Judiciary Committee in the new session, has repeatedly asked Judiciary Chairman Charles Grassley for more time to review documents ahead of Jan. 10-11 hearings for Sen. Jeff Sessions, Trump's choice for attorney general. Grassley, an Iowa Republican, has declined to delay the hearings.




Ohio sheriff accused of drug theft changing not guilty plea
Attorney News | 2016/12/03 08:41
A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.

Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.

Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.

The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.

A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.

Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.




Philippine court urged to order Marcos' remains exhumed
Attorney News | 2016/11/19 10:13
Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.

They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.

Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.

Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.

The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.

Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."

He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.

Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989.


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