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Colombia court calls on Uribe to testify in massacre probe
U.S. Court News |
2020/08/22 18:19
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Colombia’s Supreme Court is calling on powerful former President Alvaro Uribe to testify in an investigation into three massacres that could once and for all establish whether he had any ties to violent paramilitary groups.
The new legal quandary for Uribe is potentially more damaging than a separate Supreme Court probe into possible witness tampering that sparked protests earlier this month after magistrates placed the ex-president on house arrest.
Details of the massacre inquiry are contained in a 71-page court document obtained by The Associated Press on Sunday and also published in local media in which magistrates examine whether Uribe had any connection to three mass killings in the Antioquia department as well as the death of a human rights activist during his time as governor.
Both cases strike at long-standing ? but never legally proven ? accusations that Uribe had a direct role in paramilitary groups, which were formed by landowners during Colombia’s long civil conflict to fight violent Marxist guerrillas.
Though the Supreme Court is still in an investigative stage, the inquiries have split open tensions in Colombia over the peace process that led to an accord with the country’s biggest rebel movement. Uribe has vehemently denied the accusations and his lawyer is calling into question the timing of the new court request. Human rights activists, meanwhile, have praised the court for advancing the probes in a country where the powerful routinely escape accountability. |
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New Jersey's top court: Defendant must share phone passcodes
U.S. Court News |
2020/08/10 09:54
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The Supreme Court of New Jersey ruled a defendant must turn over the passcodes for his two phones in response to a search warrant, opening the way for law enforcement to compel other defendants in the state to do the same.
The court's majority decision on Monday was supported by four justices with three dissenting in the case of a former Essex County sheriff’s officer who is suspected of helping a man charged with trafficking drugs, NJ Advance Media reported.
Robert Andrews was charged in 2016 for official misconduct, hindering and obstruction for passing on information about an ongoing law enforcement investigation to the suspect, who was in the same motorcycle club as him.
Andrews had appealed an order from a lower court to turn over the passcodes to his phones so authorities could execute a search warrant on phone calls and texts between the two men.
“It’s time to rethink whether you should keep anything simply private or personal on a personal electronic device because if the government wants it they can now get it,” said Charles J. Sciarra, Andrews’ attorney in a statement.
Sciarra argued, in part, that Andrews did not have to turn over the passcodes because the Fifth Amendment protected him from self-incrimination. But the court found the passcodes were not “testimonial” and noted Andrews did not challenge the search warrants, which give the state “the right to the cellphones’ purportedly incriminating contents,” the majority decision said.
Justice Jaynee LaVecchia, who authored the dissenting opinion, said the law had reached a crossroads.
“Will we allow law enforcement -- and our courts as their collaborators -- to compel a defendant to disgorge undisclosed private thoughts -- presumably memorized numbers or letters -- so that the government can obtain access to encrypted smartphones?” she wrote.
Andrews' attorney did not respond to the newspaper's questions about whether he would appeal the case to the U.S. Supreme Court or turn over his passcodes.
In October, an Oregon court of appeals ruled in a similar case that a defendant there must enter the passcode into a phone found in her purse in response to a search warrant. She entered in the wrong code twice and was ordered to be held for 30 days in jail in contempt of court.
In another case in Louisiana, the FBI said it managed to unlock a defendant's phone before an appeals court issued a decision over whether the law compels him to disclose the password to his phone in response to a search warrant. |
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Malaysian ex-PM Najib arrives in court for graft verdict
U.S. Court News |
2020/07/28 08:53
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Ex-Malaysian Prime Minister Najib Razak arrived at court Tuesday for a verdict in the first of several corruption trials linked to the multibillion-dollar looting of the 1MDB state investment fund.
The outcome is widely seen as a test of the rule of law five months after a new government took power. Najib’s Malay party returned to office as a key player in the new ruling alliance, less than two years after its shocking ouster in 2018 elections driven by public anger over the 1MDB scandal.
Security was tight at the courthouse, with the public barred from entering and staff spraying hand sanitizer for media outside. A crowd of supporters was gathering as Najib, wearing a mask and beige suit, entered the building.
Najib, 67, said in a Facebook post late Monday that he was prepared to fight to the end. He said he would appeal if he was found guilty, and expects prosecutors to appeal if he was acquitted.
“From day one, I have said this is the chance for me to clear my name," he wrote. “Whatever the decision in the High Court tomorrow, it does not end here ... after this, we will go to the Court of Appeal. I am ready."
Najib faces a total of 42 charges in five separate graft trials linked to the 1MDB saga and may be sentenced to years in prison if convicted in the first trial alone.
Analysts said the ruling could affect Najib’s other trials and send a signal to the business community about the strength of Malaysia’s legal system in tackling international financial crime.
The verdict will also test current Prime Minister Muhyiddin Yassin, who was fired as Najib’s deputy in 2016 for speaking out on the 1MDB scandal but now relies on Najib’s party for support. Najib’s party is the biggest bloc in the current Malay nationalist alliance, which was formed in March after a political coup by Muhyiddin’s party toppled the former reformist government. |
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2 female firsts at the Supreme Court announce retirements
U.S. Court News |
2020/07/05 12:00
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The Supreme Court said Tuesday that the first-ever women to hold two prominent positions at the court, handling the justices’ security and overseeing publication of the court’s decisions, are retiring.
Pamela Talkin’s most public role in nearly two decades as the court’s marshal has been opening court sessions by announcing the justices’ entrance into the courtroom and banging a gavel before court begins. She noted in 2005: “I’m the only person in the courtroom with a gavel.” But her responsibilities as marshal’s job were vast. She served as the court’s general manager and chief security officer, managing approximately 260 employees, including the Supreme Court’s police force.
Christine Luchok Fallon’s name wasn’t on any Supreme Court decision, but part of her job as the reporter of decisions was to oversee the writing of summaries of the justices’ opinions that begin each decision, turning lengthy legal explanations into a succinct few pages.
Fallon became the court’s 16th reporter of decisions in 2011. But she joined the court as deputy reporter of decisions in 1989, eight years after Justice Sandra Day O’Connor became the court’s first female justice and four years before Justice Ruth Bader Ginsburg became the second. The court’s third and fourth female justices, Justice Sonia Sotomayor and Justice Elena Kagan, joined the court in 2009 and 2010 respectively.
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