Saturday, November 24, 2018

No holiday respite for Trump's criticism of nation's courts

President Donald Trump and Supreme Court Chief Justice John Roberts are engaging in an extraordinary public dispute over the independence of America's judiciary, with Roberts bluntly rebuking the president for denouncing a judge who rejected Trump's migrant asylum policy as an "Obama judge." Trump, still seething over that Monday ruling, began his Thanksgiving Day by asserting that the courts should defer to his administration and law enforcement on border security because judges "know nothing about it and are making our Country unsafe." And taking aim at a co-equal branch of government, Trump said "Roberts can say what he wants" but the largest of the federal appellate courts, based in San Francisco and with a majority of judges appointed by Democratic presidents, "is a complete & total disaster." That's where an appeal of the asylum ruling would normally go. Roberts had issued a strongly worded statement Wednesday defending judicial independence and contradicting Trump over his claim that judges are partisans allied with the party of the president who nominated them. Never silent for long, Trump responded with a "Sorry Justice Roberts" tweet. The dustup is the first time that Roberts, the Republican-appointed leader of the federal judiciary, has offered even a hint of criticism of Trump, who has several times gone after federal judges who have ruled against him.

Russian court challenges International Olympic Committee

Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said. CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure. "The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned." The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him. Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS. Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back. "The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP. "The fact that the CAS award is considered as 'not applicable in Russia' by the Moscow court may have local consequences but does not constitute a threat for the CAS jurisdiction globally." The IOC's case against Zubkov was based on testimony from Moscow and Sochi anti-doping laboratory director Grigory Rodchenkov, who said he swapped clean samples for ones from doped athletes, and forensic evidence that the allegedly fake sample stored in Zubkov's name contained more salt than could be possible in urine from a healthy human. Zubkov, who says he never doped, retired after the Sochi Olympics and has since become president of the Russian Bobsled Federation. The International Bobsled and Skeleton Federation didn't respond to a request to comment.

Saturday, November 10, 2018

Imelda Marcos convicted of graft, court orders her arrest

A Philippine court found former first lady Imelda Marcos guilty of graft and ordered her arrest Friday in a rare conviction among many corruption cases that she's likely to appeal to avoid jail and losing her seat in Congress. The special anti-graft Sandiganbayan court sentenced Marcos, 89, to serve 6 to 11 years in prison for each of the seven counts of violating an anti-corruption law when she illegally funneled about $200 million to Swiss foundations in the 1970s. Neither Marcos nor anyone representing her attended Friday's court hearing and no one issued any reaction on her behalf. The court disqualified Marcos from holding public office, but she can remain a member of the powerful House of Representatives while appealing the decision. Imelda Marcos's husband, former President Ferdinand Marcos, was ousted by an army-backed "people power" revolt in 1986. He died in 1989.

Trump moves to limit asylum; new rules challenged in court

President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court. Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court. The new regulations are intended to circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country. About 70,000 people per year who enter the country illegally claim asylum, officials said. “We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris. The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal. “The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt. The litigation also seeks to put the new rules on hold while the case progresses. The regulations go into effect Saturday. They would be in place for at least three months but could be extended, and don’t affect people already in the country. The Justice Department said in a statement the regulations were lawful. Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat.