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Federal judge denies bail for alleged NSA leaker

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:41:41 GMT

[JURIST] A federal judge on Thursday denied bail to Reality Leigh Winner, the Georgia woman who is accused of leaking classified information to the media. Prosecutors successfully argued [AP report] that she remains a flight risk and a threat to the public after presenting a notebook in which she wrote, "I want to burn the White House Down ... find somewhere in Kurdistan to live. Ha-ha!" Winner, who operated under Pluribus International Corporation in Georgia at the time she is alleged to have removed material from a US government facility, is the first person charged with leaking classified information during the Trump administration. She is charged [JURIST report] with gathering, transmitting or losing defense material. Winner is suspected of transmitting a report to The Intercept, an online news organization. The report at issue contained information alleging [AP report] a Russian cyber attack took place on a voting software supplier before the last US presidential election. If convicted, Winner could face up to 10 years in prison.

Possible hackings and data breaches have caused serious concern in recent years. In March the DOJ announced the indictments [JURIST report] of four Russian nationals in connection with hacking e-mail accounts. In January a group of ten US Senators introduced legislation [JURIST report] aimed at implementing mandatory sanctions against Russia for its involvement in cyber hacking during the 2016 presidential election. In October 2015, at the request of US government officials, Chinese authorities arrested [JURIST report] individual hackers that allegedly misappropriated commercial secrets from US firms with the intention to sell proprietary information to state-owned entities within the the People's Republic of China.

US House votes to lift Wall Street constraints

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:40:21 GMT

[JURIST] The Republican-led US House of Representatives [official website] voted on Thursday to lift many of the constraints that were put into place following the 2008 financial crisis. This vote is likely the beginning of a debate over deregulation of the powerful banking industry. This bill [text], supported by the Trump administration, would amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to spur economic growth by easing banking regulations. The bill is likely to face resistance in the Senate. Democrats and other progressive groups, who believe the banking industry requires tougher regulations, disapprove of the bill. These groups point out that banks reported [ Chicago Tribune report] record profits last year, despite the tough Dodd-Frank Act rule. The Act is part of the broader GOP plan to reduce the size and influence of the federal government on everyday life.

The US banking industry has come under fire [JURIST op-ed], and greater regulation, since the 2008 economic downturn. As part of greater regulation, the Obama administration developed the Consumer Financial Protection Bureau (CFPB). Donald Trump began his attack on the CFPB during his campaign when he promised less regulation for businesses. In February Trump issued [JURIST report] an executive order and a presidential memorandum [texts] with orders aimed at an incremental dismantling of the Obama administration's financial regulations. In January the president issued an executive order [JURIST report] that requires two regulations to be eliminated for every new one created.

Guantanamo detainee files suit against psychologists who devised interrogation tactics

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:39:15 GMT

[JURIST] Attorneys for Guantanamo detainee Abu Zubaydah have filed a lawsuit against the two psychologists, James Mitchell and Bruce Jessen, who developed the harsh interrogation techniques used by the CIA, including waterboarding and sleep deprivation. The UK human rights group Reprieve [advocacy website] announced the case on Wednesday. The attorneys are seeking to subpoena [advocacy website] the psychologists in order to uncover evidence about the American-led torture that allegedly went on in Poland. According to US law, a federal district court may [discovery order, PDF] "order discovery of documents and testimony for use in a foreign proceeding from any person who resides or is found in the court's district." The case will be heard in the US District Court for the Eastern District of Washington [official website]. The CIA had detained [AP report] the plaintiff in a secret Polish prison from 2002 to 2003 on suspicions that he was a "facilitator" for al Qaeda. Zubaydah has been held at Guantanamo since 2006. In April 2016 a federal judge ruled [JURIST report] that another lawsuit against the same psychologists with different plaintiffs could proceed.

Guantanamo Bay remains [JURIST backgrounder] a controversial issue due to allegations of torture and lack of legal rights for detainees. In January a federal judge declined [JURIST report] to intervene in the release of a Guantanamo prisoner. In November then-president Barack Obama blamed [JURIST report] the failure to close Guantanamo Bay on Congressional restrictions. In August a federal appeals court threw out [JURIST report] a former Guantanamo detainee's torture claim.

Supreme Court refuses to block order finding Texas county's bail system discriminatory

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:37:35 GMT

[JURIST] The US Supreme Court [official website] on Wednesday refused to block [docket] a finding that a Texas county's bail system discriminates against the poor. Officials of Harris County petitioned the court on Tuesday [AP report] for an emergency order to block the ruling by the US Court of Appeals for the Fifth Circuit [official website] which called for the release of inmates who were incarcerated for not being able to afford bail. District Judge Lee Rosenthal of the Southern District of Texas [official website] ruled in April that inmates who signed affidavits swearing to their financial situations could be released from the county jail as the bail system was in violation of equal protection rights and due process safeguards against incarceration without proper procedure or affording those held the opportunity to be heard. The country jail began releasing inmates late Tuesday and will continue to do so. The county will continue its appeal of the ruling.

The issue of finance as a factor for revocation or imprisonment is controversial. In April Human Rights Watch [advocacy website] issued a report [JURIST report] saying California's bail system pressures the poor into pleading guilty in order to be released from jail. Earlier in April the Supreme Court of Missouri ruled [JURIST report] that a parolee's ability to pay court costs should be considered. The Maryland Court of Appeals adopted a rule [JURIST report] in February ending the practice of holding criminal defendants in jail before trial when they cannot afford bail. Last June a lawsuit accused [JURIST report] a Louisiana judge of running a modern-day debtors' prison for sentencing people to jail when they could not afford fees. Last March the American Civil Liberties Union (ACLU) reached a settlement [JURIST report] with the city of Biloxi, Mississippi, in a lawsuit alleging that the detention of defendants unable to pay fines for misdemeanor charges exhibited deliberate indifference to their constitutional rights. Also last March the US Department of Justice urged [JURIST report] state court systems to stop using procedural routines and hefty fines to profit off poor defendants.

Former FBI director James Comey testifies against Trump administration

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:36:19 GMT

[JURIST] Former FBI [official website] director James Comey testified on Thursday in front of the Senate Select Committee on Intelligence [official website]. During more than two hours of testimony, Comey recounted [prepared remarks] nine encounters with President Donald Trump. Comey had documented each time he met with the president in private. While he did not make any new revelations about links between the Trump administration and Russia, he did tell the committee that he believed Trump had directed him to drop the probe into former security advisor Michael Flynn and, when he refused, the president lied about Comey's subsequent dismissal and defamed the FBI. Comey said that he knew he was fired because the Russia investigation "was in some way putting pressure on" Trump. Comey recalled Trump telling him, "I need loyalty. I expect loyalty," after Comey had explained to the President that he was not on anybody's side politically and that the FBI was independent of the executive branch.

Trump's personal lawyer, Marc Kasowitz, responded [statement, PDF] to Comey's testimony by saying that Trump had been vindicated in that "the President was not under investigation as part of any probe into Russian interference." He also rebutted Comey's "loyalty" statement saying that Trump had never said those words but "the Office of the President is entitled to expect loyalty from those who are serving in an administration." Kasowitz went on to raise alarm about Comey's admitted leaking of privileged communications. Comey had stated that he leaked the content of the memos he kept as record of his private communications with Trump to prompt the appointment of special counsel. Robert Mueller was selected [JURIST report] as special counsel shortly after.

Comey began his testimony stating that he was "confused" and "concerned" about the wavering explanations offered by the White House after his dismissal [JURIST report] in May. In an official letter of termination, Trump said that Comey is "not able to effectively lead the Bureau" and that "It is essential that we find new leadership for the FBI that restores public trust and confidence in its vital law enforcement mission." The letter was published in a press release [text, PDF] that included recommendations for Comey's ouster from Attorney General Jeff Sessions [official website] and Deputy Attorney General Rod Rosenstein. On Tuesday, Sean Spicer pointed to Rosenstein as the prime mover [WP report] of the decision to fire Comey. In a memorandum, Rosenstein criticized Comey's decision to close the investigation into Secretary Clinton's use of a private email server without prosecution, but he never specifically recommends firing Comey. White House deputy press secretary, Sarah Sanders, said on Wednesday that Trump did not ask [USNews report] for the recommendation but "The president had lost confidence in Director Comey, and frankly he'd been considering letting Director Comey go since the day he was elected." Democratic Senator of California Dianne Feinstien [official website] is skeptical of the memo [NYT report], saying, "The memo appears to have been hastily assembled to justify a preordained outcome." Republican Senator Richard Burr also expressed concerns with the timing [CNN report] of Comey's firing. Last week, federal prosecutors issued grand jury subpoenas [CNN report] for the business records of former National Security Advisor Michael Flynn who is being investigated for financial ties to Russia and Turkey. According to the CNN report, "The subpoenas represent the first sign of a significant escalation of activity in the FBI's broader investigation begun last July into possible ties between Trump campaign associates and Russia." The Senate Intelligence Committee has requested for Comey to testify as a private citizen in a closed hearing next week.

Connecticut legislature passes stronger hate crime bill

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:35:13 GMT

[JURIST] The Connecticut General Assembly [official website] on Tuesday passed HB 5743 [text, PDF], an anti-hate crime bill that could be the strongest in the country. The legislation makes any hate crime an automatic felony rather than a misdemeanor. The bill is also more inclusive as to what constitutes a hate crime by adding violence or threats based on someone's gender. Additionally, the bill increases penalties for threats against certain facilities such as religious institutions and day cares. A provision for a minimum penalty of a $1,000 fine is included as well as the ability to impose relevant community service on any convicted of a hate crime. Democratic and Republican Senators voted unanimously on the new legislation which is now headed to Governor Dannel Malloy [official website] for consideration.

An increase in hate crimes has been reported around the globe. In November the FBI said [JURIST report] that hate crimes, especially against Muslims, were on the rise in the US. In the UK, prosecutors have been encouraged [JURIST report] to use tougher sentences against hate crimes [BBC report] in response to the nation's increasingly hostile environment since the EU referendum. Since the middle of June more than 6,000 hate crimes and incidents have been reported to the authorities.

Supreme Court lifts stay of execution for Alabama inmate

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:33:53 GMT

[JURIST] The US Supreme Court [official website] lifted the stay of execution [order, PDF] granted last week by the US Court of Appeals for the Eleventh Circuit [official website] for Robert Melson late Tuesday. The brief order was issued by [AL report] Justice Clarence Thomas and noted that Justices Ruth Bader Ginsburg, Sonia Sotomayor and Stephen Breyer opposed the decision. Melson challenged the use of midazolam in the three-drug cocktail used in Alabama executions, arguing that it does not properly insensate prisoners to the pain of lethal injection. Melson was convicted of the murders of three fast-food restaurant employees during a robbery in 1994. The execution is set for 6 PM Thursday at Holman Correctional Facility in Atmore, Alabama.

The death penalty continues to be a point of contention across the US. In May the Delaware House of Representatives passed a bill [JURIST report] that would reinstate the death penalty. In April the Texas Department of Criminal Justice sued [JURIST report] the Food and Drug Administration [official website] for banning a shipment of lethal injection drugs to prison officials. Earlier in April Amnesty International released an annual report [text, PDF] revealing the US to not be among the world's top five executioners since 2006. However, in March the Mississippi house approved a bill [JURIST report] allowing firing squad executions. In March, Florida Governor Rick Scott [official website] signed a new bill [SB 280, materials] which stated that the death penalty may only be imposed [JURIST report] by a judge upon unanimous recommendation from the jury. In January the US Supreme Court refused to consider [JURIST report] a challenge to Alabama's death penalty system. That same month, Ohio's lethal injection protocol was deemed [JURIST report] unconstitutional under the Eighth Amendment.

Delaware house approves bill guaranteeing abortion access

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:32:07 GMT

[JURIST] The Delaware legislature [official website] approved a bill [SB5 materials] on Tuesday that guarantees access to abortion. The bill, which was previously approved by the state Senate, was approved by a vote of 22-16 after five hours of debate and discussion. The bill ensures that the provisions of Roe v. Wade [LII materials] remain legal at the state level should the historical case be overturned. Under Delaware's current laws [AP report] abortions are only permitted if the mother's health is at risk, if there is significant indications that a child will be born with disabilities, or if the pregnancy is a result of rape or incest. The new legislation lifts any restrictions on abortions prior to the stage where a fetus reaches viability. A similar bill to protect abortion rights [Reuters report] was approved by the Illinois legislature [official website] in May but the state's governor, Bruce Rauner, has said he would veto it. New York has also written legislation to protect abortion rights, but it has stalled in the Senate.

Access to abortion has been a recent issue since President Donald Trump vowed to appoint a Supreme Court [official website] justice who will overturn Roe v. Wade . Also on Tuesday Texas Governor Greg Abbott [official website] signed a series of abortion regulations into law [JURIST report]. In May Trump's administration announced [JURIST report] plans to expand the so-called Mexico City Policy blocking international family planning assistance through the US Agency for International Development [official website] to any groups or programs that provide abortion or abortion education to women. Also in May Trump signed [JURIST report] a bill into law that scales back an Obama administration regulation that protected certain federal funds for organizations that provide abortions, including Planned Parenthood [advocacy website]. In February the US House of Representatives approved a bill [JURIST report] that would overturn the Obama administration's rule prohibiting states from denying federal funding to Planned Parenthood and passed a bill [JURIST op-ed] that makes permanent restrictions on federal funding abortion. That same month the Florida Supreme Court [official website] blocked [JURIST report] enforcement of the Mandatory Delay Law, which requires that a woman wait 24 hours after receiving counseling from a physician before she can have an abortion. Also in February the Pennsylvania Senate [official website] approved SB 3 [JURIST report], putting Pennsylvania in line to become the seventeenth state to pass a bill banning abortions past 20 weeks.

Texas governor signs abortion regulations into law

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:30:36 GMT

[JURIST] Texas Governor Greg Abbott [official website] signed a series of abortion regulations into law on Tuesday. Senate Bill 8 [materials] will require the burial or cremation of fetal tissue and bans the donation of fetal tissue. The legislation also bans so called "partial-birth abortion," which is already banned by federal law, as well as the dilation and evacuation procedure, a common second trimester abortion technique. Also Tuesday Abbott announced a special legislative session to take up additional abortion-related measures, as well as other controversial items such as the "bathroom bill."

The US Supreme Court struck down [JURIST report] a controversial Texas abortion law in June. The court ruled [opinion, PDF] 5-3 in Whole Woman's Health v. Hellerstedt [SCOTUSblog materials] that HB2 [text], which imposed certain requirements on abortion clinics and doctors, created an undue burden on access to abortion, and was therefore unconstitutional. A Texas regulation requiring the burial of fetal remains has been blocked [JURIST report] by a federal judge.

Federal contractor charged with leaking classified report

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:29:10 GMT

[JURIST] The US Department of Justice (DOJ) [official website] announced [statement] charges [complaint, PDF] against a federal contractor Monday for leaking classified material to a media source. Reality Leigh Winner operated under Pluribus International Corporation in Georgia at the time she is alleged to have removed material from a US government facility. Winner maintained top secret clearance since February. She is charged with gathering, transmitting or losing defense material. Winner is suspected of transmitting a report to The Intercept, an online news organization. The report at issue contained information alleging [AP report] a Russian cyber attack took place on a voting software supplier before the last US presidential election.

Possible hackings and data breaches have caused serious concern in recent years. In March the DOJ announced the indictments [JURIST report] of four Russian nationals in connection with hacking e-mail accounts. In January a group of 10 US Senators introduced legislation [JURIST report] aimed at implementing mandatory sanctions against Russia for its involvement in cyber hacking during the 2016 presidential election. In October 2015, at the request of US government officials, Chinese authorities arrested [JURIST report] individual hackers that allegedly misappropriated commercial secrets from US firms with the intention to sell proprietary information to state-owned entities within the the People's Republic of China.

New York top court upholds law restricting sexually explicit businesses

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:27:46 GMT

[JURIST] The New York Court of Appeals ruled [opinion, PDF] Tuesday that a 2001 New York zoning ordinance that banned "adult" establishments from residential and most commercial and manufacturing zones was not a violation of the owners' First Amendment rights. The zoning ordinance classified adult eating and drinking establishments as "regularly featuring live performances characterized by an emphasis on specified anatomical areas or specified sexual activities in any portion of the establishment." The ordinance classified adult bookstores as establishments with at least 40 percent of their floor/stock dedicated to adult purposes. Many establishments attempted to circumvent the ordinances in place before this 2001 amendment. The court held that the city satisfied its burden of proving that many businesses were in "sham" compliance with the older ordinances, which justified strengthening the initial ordinances with the 2001 amendments.

Zoning ordinances can be a source on controversy in regard to the constitutional rights of people as well as business owners. In January, the US Court of Appeals for the Seventh Circuit struck down [JURIST report] Chicago restrictions on gun ranges throughout the city. The court held that these restrictions violated Chicago citizens' Second Amendment rights because they were excessively broad and were not supported by evidence demonstrating the city's interest in regulating gun ranges. In July the US Department of Justice brought a lawsuit against a Pennsylvania town for denying zoning approval to a mosque in 2014. In January 2014 a judge for the US District Court for the Northern District of Illinois struck down [JURIST report] a Chicago ordinance that banned the licensed sale of firearms in the city. In 2014 in Kennesaw, Georgia, the Kennesaw City Council refused to issue a permit [JURIST op-ed] to build a mosque in a "retail only district" despite having done so for a Pentecostal church prior. The city council overturned its decision after the DOJ threatened file suit against the city.

Supreme Court applies statute of limitations to SEC enforcement action

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:26:06 GMT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Kokesh v. Securities and Exchange Commission [SCOTUSblog materials] that claims for disgorgement in an SEC enforcement action are held within the five-year statute of limitations. The court was unanimous in its opinion that the SEC filing for disgorgement [Cornell LII backgrounder] to prevent unjust enrichment is limited as it is a penalty that requires a statute of limitations. Justice Sonia Sotomayor wrote the opinion, which reversed lower court's decision. "SEC disgorgement thus bears all the hallmarks of a penalty: It is imposed as a consequence of violating a public law and it is intended to deter, not to compensate. The 5-year statute of limitations in §2462 therefore applies when the SEC seeks disgorgement."

The court granted certiorari in the case in January and heard oral arguments [JURIST reports] in April.

Supreme Court rules intervenors must show Article III standing

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:24:23 GMT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Town of Chester v. Laroe Estates, Inc. [SCOTUSblog materials] that as-of-right intervenors must have independent Article III standing to intervene under Rule 24(a)(2) [LII materials]. Justice Samuel Alito delivered the opinion of a unanimous court. In 2012 Steven Sherman, a land developer, filed suit against the Town of Chester for obstructing plans for a subdivision, costing Sherman $5.5 million and nearly bankrupting him. Laroe, Sherman's investor, filed to intervene when the court of appeals remanded the case. Laroe argued that "under New York law, it is 'the equitable owner of the Real Property' at issue in Sherman's suit" and sought damages "for the taking of Laroe's interest in the subject real property." The court concluded that because Laroe sought damages different from those sought by Sherman, they must produce their own standing to proceed.

The Supreme Court granted certiorari in January and heard arguments [JURIST reports] in April.

Supreme Court limits forfeiture in drug crimes

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:22:42 GMT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Honeycutt v. United States [SCOTUSblog materials] that forfeiture is limited to property the defendant actually obtained as a result of the crime or "tainted property." The court held that the Comprehensive Forfeiture Act of 1984 [text] limits property to the definitions within the act and rejected the government's argument that the standard should be the background principle of conspiracy liability that the conspirators be responsible for each other's foreseeable actions within the common plan. Justice Sonia Sotomayor in the majority opinion stated:

Forfeiture pursuant to §853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime. In this case, the Government has conceded that Terry Honeycutt had no ownership interest in his brother's store and did not personally benefit from the Polar Pure sales. App. to Pet. for Cert. 60a. The District Court agreed...Because Honeycutt never obtained tainted property as a result of the crime, §853 does not require any forfeiture.

The court heard arguments for the case in March after granting certiorari [JURIST reports] in December.

Supreme Court rules for church-affiliated hospital in pension case

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:20:53 GMT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Advocate Health Care Network v. Stapleton [SCOTUSblog materials] that a church-affiliated hospital's pension fund is exempt from the federal pension law. The court held that under the Employee Retirement Income Security Act (ERISA) [materials], a defined-benefit pension plan maintained by a church-affiliated organization qualifies as a "church plan," even though it was established by the healthcare facility, not the church. Justice Elena Kagan wrote for the court:

ERISA provides (1) that a "church plan" means a "plan established and maintained ... by a church" and (2) that a "plan established and maintained ... by a church is to "include[] a plan maintained by" a principal-purpose organization. Under the best reading of the statute, a plan maintained by a principal-purpose organization therefore qualifies as a "church plan," regardless of who established it.

Justice Sonia Sotomayor filed a concurring opinion.

The case was consolidated with Saint Peter's Healthcare System v. Kaplan and Dignity Health v. Rollins [dockets]. The court heard arguments [JURIST report] in March after granting certiorari in December.

Supreme Court affirms order finding North Carolina racial gerrymandering

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:17:45 GMT

[JURIST] The US Supreme Court [official website] on Monday affirmed [order list, PDF] a lower court decision striking down a North Carolina state House and Senate redistricting effort as racial gerrymandering that disproportionately impacted black voters. The court affirmed the order by summary disposition. Also Monday the court vacated [opinion, PDF] an order requiring North Carolina to hold special elections, finding that the lower court failed to perform an adequate analysis:

Although this Court has never addressed whether or when a special election may be a proper remedy for a racial gerrymander, obvious considerations include the severity and nature of the particular constitutional violation, the extent of the likely disruption to the ordinary processes of governance if early elections are imposed, and the need to act with proper judicial restraint when intruding on state sovereignty. ... Rather than undertaking such an analysis in this case the District Court addressed the balance of equities in only the most cursory fashion. As noted above, the court simply announced that "[w]hile special elections have costs," those unspecified costs "pale in comparison" to the prospect that citizens will be "represented by legislators elected pursuant to a racial gerrymander. ... That minimal reasoning would appear to justify a special election in every racial-gerrymandering case—a result clearly at odds with our demand for careful case-specific analysis. For that reason, we cannot have confidence that the court adequately grappled with the interests on both sides of the remedial question before us.

The case was remanded to the lower court for further consideration.

The state legislative districts were redrawn in 2011 and challenged in May 2015. A panel of three federal judges struck them down in August. The judges then ordered North Carolina to redraw [JURIST report] congressional districts by March 15, 2017, and hold special primary and general elections by the fall of 2017. The Supreme Court blocked [JURIST report] that order in January. Monday's orders come after the Supreme Court struck down [JURIST report] two North Carolina congressional districts as racial gerrymandering last month.

New York top prosecutor accuses Exxon of false climate change predictions

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:16:08 GMT

[JURIST] Eric Schneiderman [official website], New York's top prosecutor, accused ExxonMobil [corporate website] in a court filing [text, PDF] Friday of misleading investors about climate change risks and demanded the corporation turn over internal documents. Schneiderman, Attorney General for New York, said in the filing that he had evidence of "potential materially false and misleading statements by Exxon" that could have led investors to believe that the oil company had accurately assessed environmental impact when it had ignored its internal formula for calculating such an impact. According to Schneiderman, Exxon frequently showed a "proxy cost" for greenhouse gas emissions to investors that may not have been included when estimating actual profits and losses. Schneiderman wrote in his filing, "Exxon's own documents suggest that if Exxon had applied the proxy cost it promised to shareholders, at least one substantial oil sands project may have projected a financial loss, rather than a profit, over the course of the project's original timeline." Friday's filing requested internal documents that Exxon has been withholding and the ability to interview employees who may know about internal climate change discussions. Massachusetts Attorney General Maura Healey [official website] is also investigating Exxon for similar allegations. Scott Silvestri, Exxon spokesman, accused Schneiderman of making "inaccurate and irresponsible allegations about proxy cost."

A New York judge on March 22 ordered Exxon to cooperate with the investigation into whether the company misled others about the effects of climate change. Schneiderman had issued previous subpoenas to both Exxon and their outside auditing servicers, and a New York state court in October 2016 ordered [text, PDF] compliance. However, Schneiderman submitted a letter [text, PDF] to the court in May stating that Exxon "has failed to comply in good faith," and asserting that Exxon has "continuously delayed and obstructed the production of documents from its top executives and board members." The letter came after Schneiderman's office learned of an e-mail account under the name "Wayne Tracker," utilized by Rex Tillerson, current US Secretary of State [official website] and former Exxon Chairman and CEO. Justice Barry Ostrager's order on March 22 called for Exxon to turn over [Reuters report] all management committee documents by March 31 and instructed Exxon to work with Schneiderman's office to recover lost emails from the "Wayne Tracker" email account.

Kansas legislature approves bill allowing hospitals to prohibit guns

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:15:00 GMT

[JURIST] The Kansas legislature [official website] approved SB 235 [text, PDF] on Thursday exempting state mental hospitals, community mental health centers and the University of Kansas Health System 's [official website] hospitals from a previously passed law allowing people to carry concealed firearms in such facilities. The bill was written in response to a National Rifle Association (NRA) [advocacy website] backed law passed [NYT report] in 2013. Under the 2013 law, hospitals would have been forced to permit concealed weapons on their premises unless they provided and paid for preventative measures such as metal detectors. Officials with the university health system said [ Kansas City Star report] providing security would be costly to hospitals and allowing concealed weapons to be on premises would impact employment recruiting. After debating the legislation for more than four hours, the Senate approved the bill 24-16 and the house affirmed in a 91-33 vote. The bill will next pass to Governor Sam Brownback [official website] for his consideration.

Gun ownership and carry rights have become an increasingly prevalent issue. In April Iowa Governor Terry Branstad [official website] signed legislation [JURIST report] expanding gun rights in the state. In March North Dakota Governor Burgum signed a "constitutional carry" handgun bill [JURIST report] into law. Earlier that week, Arkansas Governor Asa Hutchinson signed into law [JURIST report] a bill allowing individuals over the age of 21 to get enhanced concealed carry permits which will allow them to carry concealed weapons at public colleges, airports, polling places, sporting events, some state offices and the state capitol. In February the New Hampshire House of Representatives approved a bill that would repeal the law [JURIST report] prohibiting state citizens from carrying concealed firearms without a permit. Earlier in February the US House of Representatives voted to repeal [text, PDF] an Obama-era gun regulation that required mental health information to be shared with the national gun background check system. In December Ohio Governor John Kasich signed Senate Bill 199 [JURIST report], making it legal to carry concealed weapons at daycare facilities and onto college campuses. Last September the US Court of Appeals for the Third Circuit restored [JURIST report] gun ownership rights of individuals convicted of minor crimes. Earlier that month the New Jersey Second Amendment Society filed [JURIST report] a lawsuit against the state's Attorney General in New Jersey's district court alleging the state's stun gun ban is unconstitutional.

Texas governor signs bill loosening voter ID laws

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:12:32 GMT

[JURIST] Texas Governor Greg Abbott [official website] signed a law Thursday night that significantly loosens voter identification requirements. Senate Bill 5 [materials, text] is intended to salvage portions of a 2011 law that was found to be discriminatory against minority voters [JURIST report] by a federal judge in April. The bill allows voters who lack a photo ID to produce other documents [Statesmen report] showing their name and address, such as a voter registration certificate, utility bill, government check or bank statement, to verify their identity. Those who rely on those documents as proof of identification must sign a "declaration of reasonable impediment" giving the reasons they were unable to acquire a state-issued photo ID. Voters who lie on the declaration will face criminal charges. The legislation was passed along with a separate bill [Texas Tribune report], House Bill 658 [materials, text], that enables the state to collect absentee ballots from residents in assisted living facilities and other nursing care homes. Instead of requesting an individual mail-in ballot, the new law requires care facilities that request five or more absentee ballots to have election judges from both parties deliver them to oversee and provide assistance with the voting process.

Since being signed into law in 2011 by former governor Rick Perry, SB 14 [text, materials] has been a contentious issue for the Texas legislature, citizens and judiciary. In February the US Department of Justice (DOJ) [official website] introduced a motion to withdraw [JURIST report] from the case, and abruptly reversed its original stance that the bill was created with discriminatory intent. In January the US Supreme Court [official website] declined to hear an appeal [JURIST report] involving the law. In September a federal judge ordered Texas to revise its voter ID materials [JURIST report], as it had been found to not comply with an order to relax the law.

Trump administration appeals travel ban to Supreme Court

dwaynebuckner@gmail.com (Dwayne Buckner) — Fri, 30 Jun 2017 16:10:11 GMT

[JURIST] The Trump administration filed a petition [text, PDF] Thursday asking the Supreme Court [official website] to temporarily lift injunctions that block the president's executive order suspending visa issuance to individuals traveling to the US from six Muslim-majority countries. The move is appealing an injunction the Fourth Circuit [official website] upheld [JURIST report] last month. The administration is also seeking to place on hold a second injunction held by the Ninth Circuit [official website] concerning the ban. The administration is arguing that the ban should be implemented until the court looks at the legality of the order later this year. A statement from Justice Department [official website] spokeswoman Sarah Isgur Flores [Twitter page] said:

We have asked the Supreme Court to hear this important case and are confident that President Trump's executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism. The president is not required to admit people from countries that sponsor or shelter terrorism, until he determines that they can be properly vetted and do not pose a security risk to the United States.

The appeal will need the majority of the court, at least five justices now that Justice Neil Gorsuch as been added, to overturn the Fourth Circuit's decision.

When the second executive order concerning the travel ban was announced in March, Massachusetts , California [JURIST reports], Maryland, New York and Oregon joined Washington in the lawsuit [JURIST reports] opposing the ban. Hawaii also filed a separate suit [complaint, PDF] in February arguing that the revised order would cause serious business and constitutional concerns if implemented. Challenges [JURIST op-ed] to the order are not only being brought by states. Early in February the order faced opposition [JURIST report] from former government employees and private individuals. In March a federal court judge in Wisconsin issued a restraining order against the travel ban [JURIST report] for one Syrian asylum seeker and his family. 13 states came out in support of the revised travel ban [JURIST report] by filing a brief with the court stating that the president lawfully acted in the interest of national security.