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China sentences lawyer who reported on outbreak to 4 years
Court Issues | 2020/12/29 03:48
A Chinese court on Monday sentenced a former lawyer who reported on the early stage of the coronavirus outbreak to four years in prison on charges of “picking fights and provoking trouble,” one of her lawyers said.

The Pudong New Area People’s Court in the financial hub of Shanghai gave the sentence to Zhang Zhan following accusations she spread false information, gave interviews to foreign media, disrupted public order and “maliciously manipulated” the outbreak.

Lawyer Zhang Keke confirmed the sentence but said it was “inconvenient” to provide details ? usually an indication that the court has issued a partial gag order. He said the court did not ask Zhang whether she would appeal, nor did she indicate whether she would.

Zhang, 37, traveled to Wuhan in February and posted on various social media platforms about the outbreak that is believed to have emerged in the central Chinese city late last year.

She was arrested in May amid tough nationwide measures aimed at curbing the outbreak and heavy censorship to deflect criticism of the government’s initial response. Zhang reportedly went on a prolonged hunger strike while in detention, prompting authorities to forcibly feed her, and is said to be in poor health.

China has been accused of covering up the initial outbreak and delaying the release of crucial information, allowing the virus to spread and contributing to the pandemic that has sickened more than 80 million people worldwide and killed almost 1.8 million. Beijing vigorously denies the accusations, saying it took swift action that bought time for the rest of the world to prepare.

China’s ruling Communist Party tightly controls the media and seeks to block dissemination of information it hasn’t approved for release. In the early days of the outbreak, authorities reprimanded several Wuhan doctors for “rumor-mongering” after they alerted friends on social media. The best known of the doctors, Li Wenliang, later succumbed to COVID-19.


High court opening tops Pennsylvania’s 2021 judicial races
Court Issues | 2020/12/21 11:49
Statewide judicial races will be among Pennsylvania’s most closely watched election contests in the coming year, with lawyers and judges around the state already lining up supporters and trying to figure out if they can raise enough money to win.

The marquee race will be for Supreme Court, where the Democrats’ 5-2 majority has flexed its muscle with a series of rulings this year about mail-in balloting and coronavirus restrictions.

Chief Justice Thomas Saylor, a Republican, will reach the mandatory retirement age of 75 in 2021, and keeping his seat in GOP hands is critical to his party’s hopes to eventually reclaim a majority on the high court.

While a lot can change, for now at least three Superior Court judges are running ? Democrats Maria McLaughlin and Carolyn Nichols, and Republican Vic Stabile. Commonwealth Court Judge Kevin Brobson, a Republican, is also considering it. Pay for appeals court judges starts at $202,000.

The two state party organizations will decide in the coming months whether to endorse a candidate in the May primary and if so, who that will be.

Endorsements would likely narrow the field. They come with financial and logistical backing that are particularly important for judicial candidates, who are generally not career politicians and face special restrictions on their role in fundraising.

Stabile contacted members of the Republican State Committee last week to say he wants the endorsement.

“I would run, of course, if I got the endorsement,” Stabile said. And if not? “In all likelihood, I would respect that, wish the other person good luck and step aside.”

Nichols plans a formal announcement next month.

“I am in it to run,” she said Monday. “I’m certainly out there attending virtual meetings and putting myself out there. I’m in an early stage.”

On Superior Court, an intermediate appeals court that handles most criminal and civil appeals from county courthouses, two judges are seeking retention in unopposed, up-or-down contests.

Superior Court terms are 10 years, but if Republican Judge John T. Bender’s retention campaign is successful he will serve briefly before reaching age 75. Party and court sources said Judge Mary Jane Bowes, a Republican, will also stand for retention. Nearly every statewide justice or judge who has ever run for retention has won.

The lone Superior Court vacancy is now held by Republican Judge Susan P. Gantman, who is retiring after 17 years. Gantman said her plans include writing children’s books on the topic of civics.



High court to decide whether Nazi art case stays in US court
Court Issues | 2020/12/06 03:43
Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million.

Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather, a prominent art dealer who fled Germany after Adolf Hitler came to power. “What was grandpa most proud of in his business?” he asked.

“He was very, very proud to have acquired the Guelph Treasure, and then was forced to sell it to the Nazis,” she told him. That conversation set Leiber, of West Hollywood, California, on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum. It’s a pursuit that has now landed him at the Supreme Court, in a case to be argued Monday.

For centuries, the collection, called the Welfenschatz in German, was owned by German royalty. It includes elaborate containers used to store Christian relics; small, intricate altars and ornate crosses. Many are silver or gold and decorated with gems.

In 2015, Leiber’s quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation. The state-run foundation owns the collection and runs Berlin’s Museum of Decorative Arts, where the collection is housed. Germany and the foundation asked the trial-level court to dismiss the suit, but the court declined. An appeals court also kept the suit alive.

Now, the Supreme Court, which has been hearing arguments by telephone because of the coronavirus pandemic, will weigh in. A separate case involving Hungarian Holocaust victims is being heard the same day.

At this point, the Guelph Treasure case is not about whether Leiber’s grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it, a claim Germany and the foundation dispute. It’s just about whether Leiber and two other heirs of those dealers, New Mexico resident Alan Philipp and London resident Gerald Stiebel, can continue seeking the objects’ return in U.S. courts.

In a statement, Hermann Parzinger, president of the Prussian Cultural Heritage Foundation, argued that the suit should be dismissed. The foundation and Germany have the Trump administration’s support.


Pennsylvania high court rejects lawsuit challenging election
Court Issues | 2020/11/29 22:30
Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden’s victory in the battleground state.

The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania’s expansive year-old mail-in voting law allowing for challenges to it.

Justices also remarked on the lawsuit’s staggering demand that an entire election be overturned retroactively. “They have failed to allege that even a single mail-in ballot was fraudulently cast or counted,” Justice David Wecht wrote in a concurring opinion.

The state’s attorney general, Democrat Josh Shapiro, called the court’s decision “another win for Democracy.”

President Donald Trump and his lawyer, Rudy Giuliani, meanwhile, have repeatedly and baselessly claimed that Democrats falsified mail-in ballots to steal the election from Trump. Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.

The week-old lawsuit, led by Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania, had challenged the state’s mail-in voting law as unconstitutional.

As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.

In any case, that request — for the state’s lawmakers to pick Pennsylvania’s presidential electors — flies in the face of a nearly century-old state law that already grants the power to pick electors to the state’s popular vote, Wecht wrote.

While the high court’s two Republicans joined the five Democrats in opposing those remedies, they split from Democrats in suggesting that the lawsuit’s underlying claims — that the state’s mail-in voting law might violate the constitution — are worth considering.

Commonwealth Court Judge Patricia McCullough, elected as a Republican in 2009, had issued the order Wednesday to halt certification of any remaining contests, including apparently contests for Congress.

It did not appear to affect the presidential contest since a day earlier, Gov. Tom Wolf, a Democrat, had certified Biden as the winner of the presidential election in Pennsylvania.

Wolf quickly appealed McCullough’s decision to the state Supreme Court, saying there was no “conceivable justification” for it.

The lawsuit’s dismissal comes after Republicans have lost a flurry of legal challenges brought by the Trump campaign and its GOP allies filed in state and federal courts in Pennsylvania.


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