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Ken Paxton petitions to stop Dallas woman from getting an abortion
Court Watch | 2024/02/19 19:54
A judge on Friday rejected Texas Attorney General Ken Paxton ’s attempts to throw out felony securities fraud charges that have shadowed the Republican for nearly a decade.

The decision by state District Judge Andrea Beall, an elected Democrat, keeps Paxton on track for an April 15 trial on charges that he duped investors in a tech startup.

If convicted, Paxton faces up to 99 years in prison. Paxton, who has pleaded not guilty, appeared in the Houston courtroom for the hearing, sitting at the defense table with his attorneys.

“He’s ready for trial … This thing has been pending for eight years. (The special prosecutors) want to dance. Put on your shoes. It’s time to go. Let’s dance,” Dan Cogdell, one of Paxton’s attorneys, told reporters after Friday’s court hearing.

Brian Wice, one of the special prosecutors handling the case, said it was important that Paxton’s case go to trial because “no one is above the law. And that includes Ken Paxton. And that’s why this case matters.”

During Friday’s hearing, the other special prosecutor in the case, Kent Schaffer, announced he was withdrawing ahead of the trial.

After the hearing, Wice said the two prosecutors parted ways after disagreeing over Schaffer’s push to avoid a trial and instead settle the case through pre-trial intervention.

Wice said Schaffer had recently reached out to Cogdell with the offer for pretrial intervention, which is like probation and would ultimately lead to the dismissal of charges if a defendant stays out of legal trouble.

Wice said he doesn’t believe pretrial intervention would have been appropriate because there would be no admission of guilt and no jail time.

“And without an acknowledgment of guilt, to me, that was worse than a slap on the wrist. That was, gee, let’s get you a cocktail, a hot meal, and breath mint. And that wasn’t going to happen on my watch,” Wice said.

Cogdell said Schaffer had reached out to him about the proposal and he would have been happy to resolve the case without a trial and a dismissal of the charges.


Fueled by border crossings, a record 3 million cases clog US immigration courts
Court Watch | 2024/01/16 19:59
Eight months after crossing the Rio Grande into the United States, a couple in their 20s sat in an immigration court in Miami with their three young children. Through an interpreter, they asked a judge to give them more time to find an attorney to file for asylum and not be deported back to Honduras, where gangs threatened them.

Judge Christina Martyak agreed to a three-month extension, referred Aarón Rodriguéz and Cindy Baneza to free legal aid provided by the Catholic Archdiocese of Miami in the same courthouse — and their case remains one of the unprecedented 3 million currently pending in immigration courts around the United States.

Fueled by record-breaking increases in migrants who seek asylum after being apprehended for crossing the border illegally, the court backlog has grown by more than 1 million over the last fiscal year and it’s now triple what it was in 2019, according to government data compiled by Syracuse University’s Transactional Records Access Clearinghouse.

Judges, attorneys and migrant advocates worry that’s rendering an already strained system unworkable, as it often takes several years to grant asylum-seekers a new stable life and to deport those with no right to remain in the country.

“Sometimes hope already sinks,” said Mayra Cruz after her case was also granted an extension by Martyak because the Peruvian migrant doesn’t have an attorney.

“But here I’ve felt a bit safer,” added Cruz, who said she had to flee with only the clothes on her back with her partner and their children after repeated threats from gangs.

About 261,000 cases of migrants placed in removal proceedings are pending in the Miami court — the largest docket in the country. That’s about the same as were pending nationwide a dozen years ago, said Syracuse University professor Austin Kocher.

The backlog includes migrants who have been in the United States for decades and were apprehended on unrelated charges, but most are new asylum seekers who declare a fear of persecution if they are sent back, he added.

Backlogged courts, administered by the Justice Department, often get little attention in immigration debates, including in current Senate negotiations over the Biden administration’s $110 billion proposal that links aid for Ukraine and Israel to asylum and other border policy changes.

When migrants are apprehended by U.S. authorities at the border, many are released with a record of their detention and instructions to appear in court in the city where they are headed. That information is passed on from the Department of Homeland Security to the Justice Department, whose Executive Office for Immigration Review runs the courts, so that an initial hearing can be scheduled.

“They’re just being released without any idea of what comes next,” said Randy McGrorty, executive director of Catholic Legal Services for the Archdiocese of Miami, which has seen hundreds of thousands of migrants join its diaspora communities.

So many migrants go to them for advice that, in the last couple of years, they’ve largely switched to teaching how to self-petition and represent themselves before judges.

“We help them understand what judges want, and we help judges with efficiency and preserving fundamental rights,” said Miguel Mora, a Catholic Legal Services supervising attorney in Miami.

Advocates say that most migrants ask for individual legal representation, something that’s becoming increasingly rare given the huge numbers, and how to get work permits, which migrants can apply for 150 days after filing their asylum application.


Pierce Brosnan accused of trespassing in a Yellowstone thermal area
Court Watch | 2023/12/29 18:33
Pierce Brosnan, whose fictitious movie character James Bond has been in hot water plenty of times, is now facing heat in real life, charged with stepping out of bounds in a thermal area during a recent visit to Yellowstone National Park.

Brosnan walked in an off-limits area at Mammoth Terraces, in the northern part of Yellowstone near the Wyoming-Montana line, on Nov. 1, according to two federal citations issued Tuesday.

Brosnan, 70, is scheduled for a mandatory court appearance on Jan. 23 in the courtroom of the world’s oldest national park. The Associated Press sent a request for comment to his Instagram account Thursday, and email messages to his agent and attorney.

Yellowstone officials declined to comment. Brosnan was in the park on a personal visit and not for film work, the U.S. Attorney’s Office for Wyoming said.

Mammoth Terraces is a scenic spot of mineral-encrusted hot springs bubbling from a hillside. They’re just some of the park’s hundreds of thermal features, which range from spouting geysers to gurgling mud pots, with water at or near the boiling point.

Going out-of-bounds in such areas can be dangerous: Some of the millions of people who visit Yellowstone each year get badly burned by ignoring warnings not to stray off the trail.

Getting caught can bring legal peril too, with jail time, hefty fines and bans from the park handed down to trespassers regularly.

In addition to his four James Bond films, Brosnan starred in the 1980s TV series “Remington Steele” and is known for starring roles in the films “Mrs. Doubtfire” and “The Thomas Crown Affair.”


What the 14th amendment means for Donald Trump's presidential campaign
Court Watch | 2023/12/21 23:18
Former President Donald Trump’s bid to win back the White House is now threatened by two sentences added to the U.S. Constitution 155 years ago.

The Colorado Supreme Court on Tuesday barred Trump from the state’s ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then “engaged in insurrection” against it from holding office. It’s the first time in history the provision has been used to prohibit someone from running for the presidency, and the U..S. Supreme Court is likely to have the final say over whether the ruling will stand.

If it does — which many legal experts say is a longshot — it’s the end of Trump’s campaign because a Supreme Court decision would apply not just in Colorado, but to all states. It also could open a new world of political combat, as politicians in the future fish for judicial rulings to disqualify their rivals under the same provision.

Some conservatives have even considered using it against Vice President Kamala Harris, who raised bail money for those jailed during the violence following the murder of George Floyd in Minneapolis. They said that also should be considered an “insurrection” against the Constitution.

So far, very little in the real world. Aware that the case was very likely going to the U.S. Supreme Court, the 4-3 Colorado Supreme Court majority stayed their own order until Jan. 4 — the day before the state’s primary ballots are due at the printer — or until the Supreme Court rules.

Technically, the ruling applies only to Colorado, and secretaries of state elsewhere are issuing statements saying Trump remains on the ballot in their state’s primary or caucus.But it could embolden other states to knock Trump off the ballot. Activists have asked state election officials to do so unilaterally, but none have. Dozens of lawsuits have been filed, but all failed until Colorado.

The U.S. Supreme Court has never ruled on the meaning of Section 3. The justices can take the case as quickly as they like once Trump’s campaign files its appeal, which is not expected this week. The high court then could rule in a variety of ways — from upholding the ruling to striking it down to dodging the central questions on legal technicalities. But many experts warn that it would be risky to leave such a vital constitutional question unanswered.

“It is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible,” Rick Hasen, a law professor at the University of California, Los Angeles, wrote shortly after the ruling. “Voters need to know if the candidate they are supporting for president is eligible.”


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