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High court won’t review Kari Lake’s appeal over 2022 governor’s race defeat
Legal Tribune | 2024/11/08 08:13
The Arizona Supreme Court has declined to hear Republican Kari Lake’s latest appeal over her defeat in the 2022 governor’s race, marking yet another loss in her attempt to overturn the race’s outcome.

The court made its refusal to take up the former TV anchor’s appeal public on Thursday without explaining its decision.

Lake, now locked in a U.S. Senate race against Democrat Ruben Gallego, had lost the governor’s race to Democrat Katie Hobbs by over 17,000 votes.

The courts had previously rejected Lake’s claims that problems with ballot printers at some Maricopa County polling places on Election Day in 2022 were the result of intentional misconduct and that Maricopa County didn’t verify signatures on mail ballots as required by law. A judge also turned down Lake’s request to examine the ballot envelopes of 1.3 million early voters. In all, Lake had three trials related to the 2022 election.

Despite her earlier losses in court and a ruling affirming Hobbs’ victory, Lake had asked the Arizona Supreme Court to review her case, claiming she had new evidence to support her claims. Lawyers for Maricopa County told the court that Lake failed to present any new evidence that would change the courts’ findings.

Lake is among the most vocal of Republican candidates promoting lies that Donald Trump had won the 2020 election over President Joe Biden, which she made the centerpiece of her campaign for governor. While most other election deniers around the country conceded after losing their races, Lake did not.

The Lake campaign didn’t respond to an email seeking comment on the Supreme Court’s latest decision.


What to know about the unprecedented floods that killed more than 200 in Spain
Legal Tribune | 2024/11/04 08:13
In a matter of minutes, flash floods caused by heavy downpours in eastern Spain swept away almost everything in their path. With no time to react, people were trapped in vehicles, homes and businesses. Many died and thousands of livelihoods were shattered.

A week later, authorities have recovered 218 bodies — with 213 of them in the eastern Valencia region. Police, firefighters and soldiers continued to search Tuesday for an unknown number of missing people.

In many of the 69 devastated localities, mostly located in the southern outskirts of Valencia city, people still face shortages of basic goods. Water is back to running through pipes but authorities say it is only for cleaning and not fit for drinking. Lines form at impromptu emergency kitchens and food relief stands in streets still covered with mud and debris.

Thousands of volunteers are helping soldiers and police reinforcements with the gargantuan task of cleaning up the mire and the countless wrecked cars. At least 46,000 insurance claims for totaled vehicles had been filed, according to Spain’s Economy Minister Carlos Cuerpo.

The ground floors of thousands of homes have been ruined. Inside some of the vehicles that the water washed away or trapped in underground garages, there were still bodies waiting to be identified.

The frustration over the crisis management boiled over on Sunday when a crowd in hard-hit Paiporta hurled mud and other objects at Spain’s royals, Prime Minister Pedro Sánchez and regional officials when they made their first visit to the epicenter of the flood damage.

The storms concentrated over the Magro and Turia river basins and, in the Poyo canal, produced walls of water that overflowed riverbanks, catching people unaware as they went on with their daily lives on Tuesday evening and early Wednesday.

In the blink of an eye, the muddy water covered roads and railways, and entered houses and businesses in towns and villages on the southern outskirts of Valencia city. Drivers had to take shelter on car roofs, while residents took refuge on higher ground.

Spain’s national weather service said that in the hard-hit locality of Chiva, it rained more in eight hours than it had in the preceding 20 months, calling the deluge “extraordinary.” Other areas on the southern outskirts of Valencia city didn’t get rain before they were wiped out by the wall of water that overflowed the drainage canals.

When authorities sent alerts to mobile phones warning of the seriousness of the flooding and asking people to stay at home, many were already on the road, working or covered in water in low-lying areas or underground garages, which became death traps.

Scientists trying to explain what happened see two likely connections to human-caused climate change. One is that warmer air holds and then dumps more rain. The other is possible changes in the jet stream — the river of air above land that moves weather systems across the globe — that spawn extreme weather.

Climate scientists and meteorologists said the immediate cause of the flooding is called a cut-off lower-pressure storm system that migrated from an unusually wavy and stalled jet stream. That system simply parked over the region and poured rain. This happens often enough that in Spain they call them DANAs, the Spanish acronym for the system, meteorologists said.

And then there is the unusually high temperature of the Mediterranean Sea. It had its warmest surface temperature on record in mid-August, at 28.47 degrees Celsius (83.25 degrees Fahrenheit), said Carola Koenig of the Centre for Flood Risk and Resilience at Brunel University of London.

The extreme weather event came after Spain battled with prolonged droughts in 2022 and 2023. Experts say that drought and flood cycles are increasing with climate change.

“Climate change kills, and now, unfortunately, we are seeing it firsthand,” Sánchez said Tuesday after announcing a 10.6-billion-euro relief package for 78 municipalities.


A man who threatened to kill Democratic election officials pleads guilty
Legal Tribune | 2024/10/29 08:56
A Colorado man repeatedly made online threats about killing the top elections officials in his state and Arizona — both Democrats — as well as a judge and law enforcement agents, according to a guilty plea he entered Wednesday.

Teak Ty Brockbank, 45, acknowledged to a federal judge in Denver that his comments were made “out of fear, hate and anger,” as he sat dressed in a khaki jail uniform before pleading guilty to one count of transmitting interstate threats. He faces up to five years in prison when he’s sentenced on Feb. 3.

Brockbank’s case is the 16th conviction secured by the Justice Department’s Election Threats Task Force, which Attorney General Merrick Garland formed in 2021 to combat the rise of threats targeting the election community.
Earlier this year, French actor Judith Godrèche called on France’s film industry to “face the truth” on sexual violence and physical abuse during the Cesar Awards ceremony, France’s version of the Oscars. “We can decide that men accused of rape no longer rule the (French) cinema,” Godrèche said.

“As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official, or volunteer will face the consequences,” Garland said in a statement.

Brockbank did not elaborate Wednesday on the threats he made, and court documents outlining the plea agreement were not immediately made public. His lawyer Thomas Ward declined to comment after the hearing.

However, the U.S. Attorney’s Office for Colorado said in statement that the plea agreement included the threats Brockbank made against the election officials — identified in evidence as Colorado Secretary of State Jena Griswold and former Arizona Secretary of State Katie Hobbs, now the state’s governor.

Griswold has been outspoken nationally on elections security and has received threats in the past over her insistence that the 2020 election was secure. Her office says she has gotten more frequent and more violent threats since September 2023, when a group of voters filed a lawsuit attempting to remove former President Donald Trump from Colorado’s primary ballot.

“I refuse to be intimidated and will continue to make sure every eligible Republican, Democrat, and Unaffiliated voter can make their voices heard in our elections,” Griswold said in a statement issued after Brockbank’s plea.

Investigators say Brockbank began to express the view that violence against public officials was necessary in late 2021. According to a detention motion, Brockbank told investigators after his arrest that he’s not a “vigilante” and hoped his posts would simply “wake people up.” He has been jailed since his Aug. 23 arrest in Cortez, Colorado.

Brockbank criticized the government’s response to Tina Peters, a former Colorado county clerk convicted this year for allowing a breach of her election system inspired by false claims about election fraud in the 2020 presidential race, according to court documents. He also was upset in December 2023 after a divided Colorado Supreme Court removed Trump from the state’s presidential primary ballot.

In one social media post in August 2022, referring to Griswold and Hobbs, Brockbank said: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other,” according to copies of the threats included in court documents. In September 2021, Brockbank said Griswold needed to “hang by the neck till she is Dead Dead Dead,” saying he and other “every day people” needed to hold her and others accountable, prosecutors said.

Brockbank also posted in October 2021 that he could use his rifle to “put a bullet” in the head of a state judge who had overseen Brockbank’s probation for his fourth conviction for driving under the influence, under the plea agreement, prosecutors said.

Prosecutors say Brockbank also acknowledged posting in July 2022 that he would shoot without warning any federal agent who showed up at his house. Prosecutors earlier said in court documents that a half dozen firearms were found in his home after his arrest, including a loaded one near his front door, even though he can’t legally possess firearms due to a felony conviction of attempted theft by receiving stolen property in Utah in 2002.

The investigation was launched in August 2022 after Griswold’s office notified federal authorities of posts made on Gab and Rumble, an alternative video-sharing platform that has been criticized for allowing and sometimes promoting far-right extremism, according to court documents.



VA asks US Supreme Court to reinstate removals of 1,600 voter registrations
Court Updates | 2024/10/26 08:57
Virginia on Monday asked the U.S. Supreme Court to intervene to allow the state to remove roughly 1,600 voters from its rolls that it believes are noncitizens.

The request comes after a federal appeals court on Sunday unanimously upheld a federal judge’s order restoring the registrations of those 1,600 voters, whom the judge said were illegally purged under an executive order by the state’s Republican governor.

Gov. Glenn Youngkin says he ordered the daily removals in an effort to keep noncitizens from voting. But U.S. District Judge Patricia Giles ruled late last week that Youngkin’s program was illegal under federal law because it systematically purged voters during a 90-day “quiet period” ahead of the November election.

The Justice Department and a coalition of private groups sued to block Youngkin’s removal program earlier this month. They argued that the quiet period is in place to ensure that legitimate voters aren’t removed from the rolls by bureaucratic errors or last-minute mistakes that can’t be rectified in a timely manner.'

The ruling Sunday from the three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, sided with the judge who ordered the restoration of voters’ registrations.

The appeals court said Virginia is wrong to assert that it is being forced to restore 1,600 noncitizens to the voter rolls. The judges found that Virginia’s process for removing voters established no proof that those purged were actually noncitizens.

Youngkin’s executive order, issued in August, required daily checks of data from the Department of Motor Vehicles against voter rolls to identify noncitizens.

State officials said any voter identified as a noncitizen was notified and given two weeks to dispute their disqualification before being removed. If they returned a form attesting to their citizenship, their registration would not be canceled.

The plaintiffs said that, as a result of the program, a legitimate voter and citizen could have his or her registration canceled simply by checking the wrong box on a DMV form. The plaintiffs presented evidence showing that at least some of those removed were in fact citizens.

A similar lawsuit was filed in Alabama, and a federal judge there last week ordered the state to restore eligibility for more than 3,200 voters who had been deemed ineligible noncitizens. Testimony from state officials in that case showed that roughly 2,000 of the 3,251 voters who were made inactive were actually legally registered citizens.

The appeal filed to the U.S. Supreme Court on Monday by Virginia’s Republican attorney general, Jason Miyares, asks the high court to intervene by Tuesday. Without any intervention, the injunction issued last week by Giles requires Virginia to notify affect voters and local registrars by Wednesday of the restorations she ordered.


Kenya’s deputy president pleads not guilty in impeachment process
Court Updates | 2024/10/22 07:52
Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament.

Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya.

The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta.

Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.”

The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers.

The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening.

Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.

Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy.

Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals.


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