Decisions and Verdicts

Subterms

    More stories

    • 125 Shares149 Views

      in Elections

      Judge Quashes Six Charges in Georgia Election Case Against Trump

      by

      The ruling said charges that Donald Trump and allies solicited public officials to break the law were not specific enough; it left the rest of the case intact.In a surprise move on Wednesday, a judge in Atlanta quashed six of the charges against former President Donald J. Trump and his allies in the sprawling Georgia election interference case, including one related to a call that Mr. Trump made to pressure Georgia’s secretary of state in early January 2021.The judge, Scott McAfee of Fulton Superior Court, left intact the rest of the racketeering indictment, which initially included 41 counts.The ruling was not related to a defense effort to disqualify Fani T. Willis, the district attorney of Fulton County, Ga., who is leading the case. A ruling on that matter, which has made headlines for weeks after it was revealed that Ms. Willis had engaged in a romantic relationship with another prosecutor, is expected by the end of the week.The nine-page ruling on Wednesday took aim at charges asserting that Mr. Trump and other defendants had solicited public officials to break the law. For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election.“These six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission,” Judge McAfee wrote in his ruling. “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways.”A spokesman for the district attorney’s office declined to comment on the ruling.Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, had faced the most charges, at 13 apiece. They now each face 10 charges in the Georgia case.Anthony Michael Kreis, a law professor at Georgia State University, said that the ruling does not weaken the state racketeering charge that remains, and that is central to the case. That charge is based on “overt acts” that are detailed in the indictment, and the judge was explicit in stating that Wednesday’s order does not affect these acts.He said that the prosecution could choose to take the loss on these lesser counts, or appeal the judge’s order, or reintroduce versions of the challenged charges to a grand jury with more specifics.The judge’s order reduced the number of charges against Mr. Trump, as well as co-defendants Rudy Giuliani, John Eastman, Mark Meadows, Ray Smith III, and Robert Cheeley. More

    • 63 Shares189 Views

      in Elections

      Read the Federal Judge’s Ruling

      by

      Case 6:23-cv-00007 Document 305 Filed on 03/08/24 in TXSD Page 14 of 31

      to emergency medical conditions, including childbirth and labor, to aliens living in the United States. (Id. at 51-52).

      44. In May 2023, HHSC estimated expenditures for Emergency Medicaid services provided to CHNV nationals. The expenditure calculations reflect the sum of paid amounts on Emergency Medicaid claims for services to individuals with a country of origin listed as one of those four countries, regardless of immigration status. The expenditure calculations are as follows: $207,000 in 2019; $141,000 in 2020; $123,000 in 2021; $178,000 in 2022; and $30,000 in 2023 (as of May 5, 2023). (Id. at 52).

      45. CHIP Perinatal provides prenatal care to certain low-income women who do not otherwise qualify for Medicaid. (Id. at 53).

      46. In May 2023, HHSC estimated the cost of Texas CHIP Perinatal services provided to aliens from Cuba, Haiti, Nicaragua, and Venezuela. The total estimated cost to Texas for these services was approximately $28,000 in 2019; $37,000 in 2020; $64,000 in 2021; $80,000 in 2022; and $51,000 in 2023 (as of May 5, 2023). (Id. at 54). Further, since October 1, 2022, Texas paid an estimate of $47,500 in services for aliens from Cuba, Haiti, Nicaragua, and Venezuela. (Id.).

      47. While these figures are estimates, the Court finds that through these two programs, Texas will inevitably expend some health care resources on CHNV nationals who enter the United States under the Parole Program.

      2.

      An Increase in CHNV Nationals Entering Texas Would Impose Incarceration Costs on the State.

      48.

      According to a 2022 figure, the average cost of incarcerating an inmate who qualifies for reimbursement under the federal government’s State Criminal Alien Assistance Program (“SCAAP”) in Texas Department of Criminal Justice (“TDCJ”) facilities is $77.49 per day. (Dkt. No. 263 at 35).

      49. From July 1, 2020, to June 30, 2021, TDCJ incarcerated 7,058 eligible inmates for a total of 1,984,597 days. Using the 2022 per-day figure, the estimated cost of incarcerating these inmates for that period was $153,786,422. (Id.).

      50. Of that amount, SCAAP reimbursed only $17,364,520. Thus, Texas paid approximately $68.74 per day per criminal alien incarcerated in TDCJ facilities. (Id.).

      51. Texas, via TDCJ, also incurs costs to keep aliens in custody or add them to mandatory parole or supervision programs when those aliens are not detained or removed by federal immigration authorities. (Id. at 36). For example, in Fiscal Year 2022, the average per-day cost of these programs for each inmate not detained or removed is $4.69, which would mean total costs of $9,307,760, based on the most recently completed SCAAP application. (Id. at 36).

      14 More

    • 138 Shares179 Views

      in Elections

      What the ‘Rust’ Trial Says About the Case Against Alec Baldwin

      by

      The trial of the “Rust” armorer offered a preview of the case against Mr. Baldwin, who is set to stand trial on an involuntary manslaughter charge in July.The trial of the armorer on the film “Rust,” who was convicted of involuntary manslaughter this week for putting live ammunition into a gun that went off on the set and killed the cinematographer, offered a preview of the criminal case prosecutors are building against Alec Baldwin, who was handling the gun when it fired.A grand jury indicted Mr. Baldwin in January on a charge of involuntary manslaughter, which carries up to 18 months in prison. He pleaded not guilty; his trial is set for July.Mr. Baldwin was practicing drawing an old-fashioned revolver when the gun fired on Oct. 21, 2021, killing the film’s cinematographer, Halyna Hutchins, and wounding its director. He has denied responsibility from the beginning, telling investigators that he had been told the gun did not contain live ammunition, and noting that live ammunition was supposed to be banned on the set. He also denied pulling the trigger, saying that the gun went off after he pulled its hammer back and released it; a forensic analysis commissioned by prosecutors found that he must have pulled the trigger for it to go off.Prosecutors have argued that Mr. Baldwin failed to observe firearms safety measures.“Alec Baldwin’s conduct and his lack of gun safety inside that church on that day is something that he’s going to have to answer for,” Kari T. Morrissey, the lead prosecutor in the case, said during the closing arguments in the trial of the film’s armorer, Hannah Gutierrez-Reed. “That’ll be with another jury on another day.”Some of the evidence and testimony presented at the trial of Ms. Gutierrez-Reed could help Mr. Baldwin’s case; other things that emerged in court could undermine it. Here’s a look at evidence that could play a role at his trial.Jurors at Hannah Gutierrez-Reed’s trial watched video of Mr. Baldwin shooting blanks from a revolver on the set of “Rust.”Gabriela Campos/Agence France-Presse, via Getty ImagesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 113 Shares129 Views

      in Elections

      Philadelphia Man Is Freed After 34 Years in Prison

      by

      Police had hidden evidence showing that Ronald Johnson did not participate in the crime he was convicted of, his lawyer said.Ronald Johnson, who had spent more than three decades behind bars, was freed on Monday after a Philadelphia judge vacated his sentence and reversed his conviction, officials said.Judge Scott DiClaudio granted Mr. Johnson’s bid for post-conviction relief by doing so. Prosecutors informed the court that they would not pursue a new trial and moved to dismiss all charges, which the judge granted.That, his lawyer, Jennifer Merrigan, said, meant Mr. Johnson was a free man.“There’s no way that they could retry him because there is absolutely no evidence against him,” Ms. Merrigan said in an interview on Tuesday.Mr. Johnson, 61, had served 34 years after he was convicted of the 1990 murder of Joseph Goldsby. The conviction had been based “solely on the false testimony of two witnesses,” the nonprofit public interest law firm Phillips Black, which advises incarcerated individuals, said in a statement.The police had hidden evidence showing that Mr. Johnson did not participate in the crime, Ms. Merrigan said. She pointed to two witnesses who had given statements to the police after being interviewed multiple times, in which they said Mr. Johnson wasn’t present, and “actually identified a different person.”“The police then hid that evidence, and so when he went to trial, the jury heard from two witnesses who said that he was there. But he and his lawyers did not know that these witnesses had given many other statements,” she said.Ms. Merrigan said that “this kind of police misconduct has happened a lot in Philadelphia, and a lot around the country.”“It is really unfair both to the people who get convicted and lose many years of their lives, but also to the victims, who don’t learn what really happened to their loved one,” she said.After a Philadelphia judge vacated his sentence and reversed his conviction on Monday, Ronald Johnson hugged his son, Ronald Johnson Jr., left. His sister, Marian Johnson, is at right.Marg MaguireMr. Johnson, who had maintained his innocence throughout his years behind bars, said he had spent the first 24 hours of his newfound freedom taking a bath, shopping for clothes and getting a driver’s license. He enjoyed a big meal with his family, with rib-eye steak, shrimp and steak fries.“I’m starting a new chapter, and I’m not rushing in,” Mr. Johnson said in an interview on Tuesday, noting that “these long years, they’ve been rough.”“You might just cry at night,” he said, but “the next day you just got to pick yourself back up.”Mr. Johnson, who will turn 62 this summer, said he thinks he’s “going to have two birthdays now.”“The day I got out, and my regular birthday,” he said. “I think I’m going to celebrate them two days the rest of my life.” More

    • 125 Shares149 Views

      in Elections

      Guy Wildenstein, Art Family Patriarch, Found Guilty in Tax Trial

      by

      Mr. Wildenstein hid a prized art collection and other assets from French authorities to avoid paying millions in inheritance taxes, a Paris court ruled.Guy Wildenstein, the international art dealer, was found guilty in France on Tuesday of massive tax fraud, the latest twist after years of legal entanglements that have unraveled the secrecy that once surrounded his powerful family dynasty.Mr. Wildenstein, 78, the Franco-American patriarch of the family and president of Wildenstein & Co. in New York, was sentenced by the Paris Appeals Court to a four-year prison sentence, with half of it suspended, and the other half to be served under house arrest with an electronic bracelet. The court also sentenced him to pay a one million euro fine, or about $1.08 million.He stood accused of hiding significant chunks of his family’s art collection and other assets in a maze of trusts and shell companies when his father, Daniel, died in 2001, and after his brother, Alec, died in 2008.Prosecutors had said that he was trying to dodge hundreds of millions of euros in inheritance taxes. At the trial, which was held in the fall, they had requested a slightly more lenient prison sentence for Mr. Wildenstein, but they had also requested a much larger €250 million fine, or about $270 million.The Wildensteins, a family of French art dealers spanning five generations, were historically secretive about the exact details of their collection, which has included works by Caravaggio, Fragonard and many other blue-chip artists.Prosecutors said that the family was responsible for “the longest and most sophisticated tax fraud” in modern French history, by concealing art and other assets under complex foreign trusts and by shielding artworks worth millions of dollars in tax havens. By doing this, prosecutors said, the family grossly underestimated its enormous wealth when the time came to pay inheritance taxes.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 88 Shares189 Views

      in Elections

      JetBlue and Spirit Call Off Their Merger

      by

      JetBlue said it would pay Spirit $69 million to terminate the $3.8 billion deal, which had been blocked by federal antitrust regulators.JetBlue Airways and Spirit Airlines announced on Monday that they would walk away from their planned $3.8 billion merger after federal antitrust regulators successfully challenged the deal in court. JetBlue said it would pay Spirit $69 million to exit the deal.A federal judge in Boston blocked the proposed merger on Jan. 16, siding with the Justice Department in determining that the merger would reduce competition in the industry and give airlines more leeway to raise ticket prices. The judge, William G. Young of the U.S. District Court for the District of Massachusetts, noted that Spirit played a vital role in the market as a low-cost carrier and that travelers would have fewer options if JetBlue absorbed it.“We are proud of the work we did with Spirit to lay out a vision to challenge the status quo, but given the hurdles to closing that remain, we decided together that both airlines’ interests are better served by moving forward independently,” JetBlue’s chief executive, Joanna Geraghty, said in a statement on Monday. “We wish the very best going forward to the entire Spirit team.”JetBlue and Spirit appealed Judge Young’s decision. JetBlue filed an appellate brief last week arguing that the deal should be allowed to go through.But in a regulatory filing on Jan. 26, JetBlue said it might terminate the deal. Spirit said in its own filing the same day that it believed “there is no basis for terminating” the agreement.The merger agreement, which expired on Jan. 28, could have been extended to July 24 if certain conditions were met. But JetBlue suggested in its filing in January that Spirit had not met some of its obligations under the agreement, giving JetBlue the ability to walk away.As part of the merger agreement, JetBlue agreed to pay Spirit and its shareholders $470 million in fees if the deal was blocked. Some legal experts said JetBlue was potentially positioning itself to dispute the remainder of those fees by terminating the agreement.Spirit is heavily indebted and last turned a profit before the Covid-19 pandemic. Investors see a merger as a lifeline for the company. Its stock price has lost more than half its value since the ruling blocking the merger.JetBlue’s stock nudged up on the same news, as investors see the end of the deal as a cost-saving measure.A merger of the airlines would have given the combined company a bigger share of the market, which is dominated by four carriers — American Airlines, Delta Air Lines, Southwest Airlines and United Airlines.Alaska Airlines has also announced plans to increase its size. In December, it said it wanted to acquire Hawaiian Airlines for $1.9 billion. That deal, too, is likely to attract the scrutiny of federal antitrust regulators. More

    • 100 Shares119 Views

      in Elections

      Judge Rules Against Corporate Transparency Act Disclosure Provision

      by

      An Alabama judge barred the government from collecting certain company ownership data to help the Treasury Department identify money launderers, and called the effort a case of congressional overreach.In a blow to government efforts to combat money laundering, a federal court has ruled that the Treasury Department cannot require some small businesses to report personal details about their owners.Under a section of a 2020 law that took effect Jan. 1, small businesses must share details about their so-called beneficial owners, individuals who hold financial stakes in a company or have significant power over their business decisions. The law, the Corporate Transparency Act, passed with bipartisan support in Congress and was intended to help the Treasury Department’s financial-crimes division identify money launderers who hide behind shell corporations.But in a ruling issued late Friday, Judge Liles C. Burke of the U.S. District Court in Huntsville, Ala., sided with critics of the law. They argue that asking a company’s owners to present personal data — names, addresses and copies of their identification documents — was a case of congressional overreach, however well intended.“Congress sometimes enacts smart laws that violate the Constitution,” Judge Burke wrote in a 53-page filing. “This case, which concerns the constitutionality of the Corporate Transparency Act, illustrates that principle.”Judge Burke’s ruling prevented the department from enforcing the ownership reporting requirements on the plaintiff in the Alabama case, the National Small Business Association, a nonprofit trade group that represents more than 65,000 member companies.Lawyers who have followed the Alabama case said over the weekend that they expected the government to quickly request that the injunction be paused, either by Judge Burke or the 11th Circuit Court of Appeals in Atlanta, or both. The Justice Department will almost certainly appeal the Alabama case to the circuit court, the lawyers said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 125 Shares99 Views

      in Elections

      Prosecution of Trump in Georgia Hangs in Balance at Hearing

      by

      Lawyers will sum up their arguments on Friday about whether Fani Willis, the Fulton County district attorney, has a conflict of interest and should be disqualified.A judge in the Georgia election interference case against former President Donald J. Trump is scheduled to hear final arguments on Friday on a motion to disqualify the prosecutor who brought the case, Fani T. Willis, on the ground that a romantic relationship she had with a subordinate created a conflict of interest.The presiding judge, Scott McAfee of Fulton County Superior Court, is not likely to rule on the matter on Friday. Rather, the hearing, which is scheduled to start at 1 p.m., will allow lawyers from the two sides to sum up their arguments over a salacious subplot to the election case — one that has already caused significant embarrassment and turmoil for Ms. Willis, the Fulton County district attorney. Details of her personal life have been spilled out in the Atlanta courthouse where she had hoped to put Mr. Trump and 14 co-defendants on trial as soon as this summer.The stakes are high: If Ms. Willis is disqualified from the case, her entire office would be, too, and the case would probably be turned over to a district attorney from another jurisdiction. The new prosecutor could choose to continue the case as planned, modify the charges or drop them.Disqualification would reduce the chances that a trial would begin before the November presidential election, in which Mr. Trump is expected to be the Republican nominee.The relationship between Ms. Willis and Nathan Wade, an Atlanta-area lawyer she hired in November 2021 to manage the prosecution team, first came to light in January, in a motion filed by a lawyer for one of Mr. Trump’s co-defendants.The presiding judge, Scott McAfee of Fulton County Superior Court, is not likely to rule on the matter on Friday.Pool photo by Brynn AndersonWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More