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Federal appeals courts have come to different decisions about whether the regulation defining a bump stock as a machine gun comports with federal law. The Trump administration’s ban on bump stocks was an about-face for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The full U.S. 5th Circuit ruled 13-3 in January that Congress would have to change federal law to ban bump stocks. But a panel of three judges on the federal appeals court in Washington looked at the same language and came to a different conclusion. As such, it is a machine gun under the National Firearms Act and Gun Control Act.”A decision is expected by early summer in Garland v. Cargill, 22-976.
Persons: Biden, Trump, Obama, Jennifer Walker Elrod, Robert Wilkins Organizations: WASHINGTON, Supreme, Justice Department, U.S, Circuit, Trump, of Alcohol, Tobacco, Firearms, Explosives, Las, ATF, 5th Circuit, National Firearms Act, Control, U.S ., Appeals, District of Columbia Circuit, Cargill Locations: Las Vegas, New Orleans, Washington, Garland
Lawyers for former President Donald J. Trump filed an emergency request to a federal appeals court on Thursday seeking to lift the gag order imposed on him in the criminal case in which he stands accused of trying to overturn the 2020 election. The lawyers asked the appeals court to keep the pause of the order in place until it reaches a final decision on whether the order should have been issued in the first place. “No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone the leading candidate for president of the United States,” the lawyers wrote in their 11th-hour petition to the U.S. Court of Appeals for the District of Columbia Circuit. “That centuries-long practice was broken,” the lawyers added, when a federal judge in Washington put the gag order in place last month, “muzzling President Trump’s core political speech during an historic presidential campaign.”
Persons: Donald J, Trump, , , Trump’s, Organizations: U.S ., Appeals, District of Columbia Circuit Locations: United States, Washington
Former U.S. President and Republican presidential candidate Donald Trump delivers remarks to supporters at the Club 47 USA event in West Palm Beach, Florida, U.S. October 11, 2023. It allows Trump to criticize the U.S. Justice Department and to denounce the prosecution as politically motivated. Chutkan issued the order after finding that Trump’s social media posts and public comments risk influencing witnesses and prompting threats and harassment against public officials. The judge has previously denied requests from outside organizations to file briefs in the case. The ACLU has been a vocal critic of Trump and frequently challenged his administration’s policies while he was in the White House.
Persons: Donald Trump, Shannon Stapleton, Trump, Tanya Chutkan, Chutkan, Jack Smith, , ” Trump, Donald Trump’s, Ben Wizer, “ It’s, Andrew Goudsward, Scott Malone, Jonathan Oatis Organizations: U.S, Republican, REUTERS, Firms American Civil Liberties Union Follow WASHINGTON, American Civil Liberties Union, Wednesday, ACLU, U.S . Justice Department, U.S ., Appeals, District of Columbia Circuit, Technology, Thomson Locations: West Palm Beach , Florida, U.S, Washington
Trump appeals gag order in DC election case
  + stars: | 2023-10-17 | by ( Kevin Breuninger | ) www.cnbc.com   time to read: +1 min
Former U.S. President Donald Trump attends a Manhattan courthouse trial in a civil fraud case in New York, October 17, 2023. Attorneys for Donald Trump said Tuesday said they will appeal the partial gag order imposed on the former president in his federal election interference case in Washington, D.C.Trump had vowed to challenge U.S. District Judge Tanya Chutkan's gag order, which bars him from public statements targeting special counsel Jack Smith, potential witnesses and others. Chutkan wrote in the order that Trump's statements attacking various people involved in the criminal case posed "grave threats to the integrity of these proceedings." Trump has claimed that the order will hamper his ability to speak on the 2024 presidential campaign trail. "They put a gag order on me, and I'm not supposed to be talking about things that bad people do."
Persons: Donald Trump, Trump, Tanya Chutkan's, Jack Smith, Chutkan, John Lauro, I'm Organizations: U.S, Washington , D.C, Defense, U.S ., Appeals, District of Columbia Circuit Locations: Manhattan, New York, Washington ,, Iowa
WASHINGTON (AP) — Efforts by the Biden administration to limit pollution from automobile tailpipes — a major source of planet-warming emissions — face a crucial test as legal challenges brought by Republican-led states head to a federal appeals court. The U.S. Court of Appeals for the District of Columbia Circuit will hear arguments Thursday and Friday on three cases challenging Biden administration rules targeting cars and trucks. The cases before the appeals court will test a 2021 Environmental Protection Agency rule that strengthened tailpipe pollution limits and a 2022 EPA decision that restored California’s authority to set its own tailpipe pollution standards for cars and SUVs. The court cases come as the Biden administration pushes the auto industry to quickly adopt electric vehicles as part of its climate agenda. “Far from doing something unexpected or novel'' in the tailpipe pollution rule, "EPA merely tightened existing standards,'' Kim wrote.
Persons: Biden, Ken Paxton, Joe, , Paxton, Dave Yost, Peter Zalzal, , Pete Huffman, Todd Kim, , Kim, Zalzal Organizations: WASHINGTON, Republican, U.S, Appeals, District of Columbia, Biden, Transportation, Supreme, Environmental, Agency, EPA, National Highway Transportation Safety Administration, Texas, GOP, Texas Senate, Environmental Defense Fund, Natural Resources Defense Council, NHTSA, Justice Department's, Natural Resources, General Motors, Ford, GM, Alliance, Automotive Innovation, EV, Auto Innovators, Department, EDF Locations: U.S, California, Russia, Ukraine, Texas, Ohio, West Virginia
James L. Buckley, a conservative recruit from Connecticut who invaded the New York strongholds of Democrats and liberal Republicans in 1970 and against the odds won a United States Senate seat on the Conservative Party line, died early Friday in Washington. His death, in Sibley Memorial Hospital, resulted from complications of a fall, according to his nephew Christopher Buckley, the author and political satirist. With his improbable victory, Mr. Buckley became the first third-party candidate to land a seat in the United States Senate since Robert M. LaFollette Jr. of Wisconsin was elected on the Progressive ticket in 1940. In 1985, President Reagan named him to the United States Court of Appeals for the District of Columbia Circuit. Mr. Buckley served as a federal judge for 15 years, the last four as a semiretired senior judge.
Persons: James L, Buckley, Christopher Buckley, Robert M, LaFollette Jr, , Ronald Reagan, Reagan Organizations: Republicans, United, United States Senate, Conservative Party, Sibley Memorial, United States, Progressive, Republican, State Department, Radio Free, Radio Liberty, Appeals, District of Columbia Circuit Locations: Connecticut, York, United States, Washington, Sibley, Wisconsin, Radio Free Europe
Former U.S. President Donald Trump and Special Counsel Jack Smith are seen in a combination of file photos in Washington, U.S., in 2023. REUTERS/Tasos Katopodis, Kevin Wurm/File PhotoWASHINGTON, Aug 9 (Reuters) - The U.S. special counsel investigating Donald Trump obtained a search warrant for the former president's Twitter account in January and the company delayed complying, according to a U.S. appeals court opinion on Wednesday. The ruling said that Twitter had raised First Amendment concerns about a nondisclosure order issued over the warrant, as the company wanted to notify Trump about it. Prosecutors will often ask judges that targets of subpoenas issued in criminal probes not be notified in order to protect their investigations, a practice the appeals court cited in Wednesday's ruling. Reporting by Jacqueline Thomsen and Kanishka Singh in Washington; editing by Grant McCoolOur Standards: The Thomson Reuters Trust Principles.
Persons: Donald Trump, Jack Smith, Tasos Katopodis, Kevin Wurm, Trump, Smith, Democrat Joe Biden, Jacqueline Thomsen, Kanishka Singh, Grant McCool Organizations: U.S, REUTERS, Twitter, Appeals, District of Columbia Circuit, Trump, Department, Prosecutors, Capitol, Republican Trump, Democrat, Republican, Thomson Locations: Washington , U.S, U.S, Washington
Special counsel Jack Smith, at the beginning of 2023, obtained a search warrant for the Twitter account of Donald Trump as part of his criminal investigation into the former president's effort to reverse his loss in the 2020 election, a federal appeals court decision revealed Wednesday. The appeals court ruling says Twitter completed its production of Trump's account information for Smith's office on Feb. 9. And Twitter argued that by keeping the warrant secret from Trump, he would be unable to shield communications made using his Twitter account from prosecutors by asserting executive privilege. The unanimous ruling against the company on all points was issued by a three-judge panel of the U.S. Court Court of Appeals for the District of Columbia Circuit. Twitter was bought last year by Elon Musk, the billionaire who also heads Tesla , and SpaceX.
Persons: Jack Smith, Donald Trump, Twitter, Trump, Michelle Childs, Florence Pan, Joe Biden, Cornelia Pillard, Barack Obama, Elon Musk, Tesla, Joe Biden's DOJ Organizations: Twitter, Trump, Communications, U.S, Court, Appeals, District of Columbia Circuit, SpaceX
A federal appeals court on Tuesday rejected a bid by a Yemeni prisoner at Guantánamo Bay to have a new military jury reconsider his life sentence for conspiring to commit war crimes as a propaganda chief for Al Qaeda and an aide to Osama bin Laden. Earlier appeals struck down two of the three crimes for which Ali Hamza al-Bahlul was convicted in 2008. His lawyer, Michel Paradis, had argued that a new sentencing jury should be assembled at the base to hear evidence and arguments on whether his remaining conspiracy conviction deserved a lesser sentence. Mr. Paradis also sought reconsideration of the sentence because, a year after Mr. Bahlul’s trial, Guantánamo’s military commission system was overhauled to explicitly prohibit the use of evidence “obtained by the use of torture or by cruel, inhuman, or degrading treatment.”A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said that the sentence should stand and that the prisoner’s lawyers brought up the question of torture too late in the appellate process.
Persons: Osama bin Laden, Ali Hamza al, Bahlul, Michel Paradis, Paradis, Bahlul’s, , Organizations: Al, U.S ., Appeals, District of Columbia Circuit Locations: Guantánamo, Al Qaeda
The groups in 2022 had challenged the EPA’s decision not to reconsider its 2009 greenhouse gas endangerment finding, which they claim has spurred climate regulations that drive up energy costs. David Wallace, the president of the FAIR Energy Foundation, said the groups are reviewing the decision and are considering an appeal to the U.S. Supreme Court. The EPA’s endangerment finding was finalized in 2009, and determined that six greenhouse gasses, including carbon dioxide and methane, pose a danger to human health. The current challenge claims the finding is based on faulty science and that the EPA's refusal to reconsider it was arbitrary. v. EPA and FAIR Energy Foundation v. EPA, in the U.S. Court of Appeals for the District of Columbia Circuit, case Nos.
Persons: David Wallace, Harry MacDougald, Caldwell Carlson Elliott, DeLoach, Francis Menton, Brian Lynk, U.S . Department of Justice Read Organizations: Appeals, District of Columbia Circuit, Concerned Household Electricity Consumers Council, FAIR Energy Foundation, U.S, Supreme, EPA, Electricity, U.S ., U.S . Department of Justice, Thomson Locations: U.S
In its appeal, the FTC said Corley's order allowing Microsoft to move ahead with the deal incorrectly held the agency to a legal standard that was too high. Some legal experts said the FTC had made a compelling argument, but also said there was no certainty for success. Antitrust scholar Sean Sullivan, who teaches at University of Iowa's law school, said an appeals court can modify or throw out a lower court opinion based on "errors of law." The appeals court is expected to move quickly. The appeals court "may be less than sympathetic with the argument it needs to hurry up and do something when the blame for the emergency lies entirely with the FTC," Ross said.
Persons: Jacqueline Scott Corley, Brad Smith, Kathleen Bradish, Bradish, Corley, Sean Sullivan, Sullivan, Douglas Ross, Ross, Mike Scarcella, Mark Potter Organizations: U.S . Federal Trade Commission's, Activision, U.S, Tuesday, Biden, San, Circuit, Appeals, U.S ., FTC, Microsoft, American Antitrust Institute, Antitrust, University of, Wild, of Columbia Circuit, Thomson Locations: San Francisco, California, U.S
The LatestA federal court in Richmond has halted construction of the Mountain Valley Pipeline, setting off a battle with Congress that could end up at the Supreme Court. It was a highly unusual provision that was tucked into legislation that had nothing to do with pipelines — the law to raise the debt ceiling. Congress also included provisions to expedite construction of the pipeline and insulate it from judicial review. Those elements were added as a concession to Senator Joe Manchin III, the West Virginia Democrat whose vote has been crucial to President Biden’s domestic agenda. But environmentalists, Democratic members of the Virginia congressional delegation and some constitutional law experts argue that by directing a change in courts, Congress has violated the separation of powers clause in the Constitution.
Persons: Joe Manchin III, Biden’s Organizations: Supreme, U.S, Appeals, Fourth Circuit, Congress, U.S ., District of Columbia Circuit, West Virginia Democrat, Democratic Locations: Richmond, West Virginia, Virginia
Clarence Thomas' membership in the Horatio Alger Association gives it rare access, per the Times. The elite group welcomed Thomas into the fold after his stormy Supreme Court confirmation hearings. Thomas soon became a member of the Horatio Alger Association himself and cherished his ability to speak with students and mentor scholarship recipients. "They really treated him like a brother, like he mattered and, in return, he opened up the Supreme Court," Williams added. Thomas hosts the induction ceremony in the Supreme Court courtroom, where roughly 10 new individuals are welcomed into the elite organization.
Persons: Clarence Thomas, Horatio Alger, Thomas, Anita Hill, Thomas —, District of Columbia Circuit —, Horatio, Ginni, Armstrong Williams, Williams, Tom Selleck, Lou Dobbs, , Anthony Hutcherson, ProPublica, megadonor Harlan Crow Organizations: Horatio, Times, Service, Commission, Appeals, District of Columbia Circuit, Distinguished, The New York Times, Horatio Alger Association, Judicial Conference Locations: Wall, Silicon, Virginia, Washington , DC, United States
WASHINGTON, June 26 (Reuters) - The U.S. Supreme Court on Monday ordered the dismissal of a lawsuit by a group of congressional Democrats who had sought details about a government lease for a Washington hotel concerning when it was owned by former President Donald Trump. The court's action came after the lawmakers voluntarily dropped the case earlier this month. The justices had previously agreed to hear a bid by President Joe Biden's administration to block the lawsuit. The lawmakers sought information about a 2013 lease of the Old Post Office building to the Republican former president's company to convert it into a hotel. RELATED CONTENT: L1N37C1HQ "U.S. Supreme Court to hear dispute over Democratic bid for Trump hotel documents"Reporting by John KruzelOur Standards: The Thomson Reuters Trust Principles.
Persons: Donald Trump, Joe Biden's, John Kruzel Organizations: U.S, Supreme, Monday, Democratic, General Services Administration, GSA, Post, Republican, Appeals, District of Columbia Circuit, Department, Trump, Thomson Locations: Washington
The bill includes some other small steps aimed at getting energy projects of all types approved more quickly by modifying federal permitting policies under the National Environmental Policy Act. But opponents of the pipeline argue that completion was far from certain as several court cases are pending. A provision in the debt deal could deem those challenges moot, and would block any future lawsuits. The agreement would order federal agencies to approve any outstanding permits for the pipeline within 21 days and exempt those permits from judicial review. “This is an unprecedented end run around the courts, which have repeatedly rejected permits over M.V.P.’s failure to comply with basic environmental laws,” said Ben Jealous, executive director of the Sierra Club, which has challenged several permits related to the pipeline.
Persons: , Ben Jealous Organizations: National Environmental, White, Pipeline, U.S ., Appeals, Fourth Circuit, District of Columbia Circuit, Sierra Club Locations: Richmond, M.V.P
The opulent hotel with a soaring clock tower, located on Pennsylvania Avenue between the White House and the U.S. Capitol, opened shortly before Trump was elected in 2016. The hotel became a gathering spot for Trump supporters, lobbyists and foreign dignitaries, who Democrats and watchdog groups complained could patronize the hotel in order to curry favor with Trump when he was in office. Lawsuits accused Trump of violating the U.S. Constitution's anti-corruption provisions by maintaining ownership of his businesses including the Washington hotel while in office. The justices ordered those cases dismissed because they became moot with Trump leaving office in 2021 after his election loss to Biden, a Democrat. Some of the lawmakers who sued are no longer part of the committee while some others are no longer in Congress.
The case is the latest bid asking the Supreme Court, which has a 6-3 conservative majority, to rein in the authority of federal agencies. The companies are asking the Supreme Court to overturn its own decades-old precedent calling for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference." The New England herring fishing regulations were issued by the fisheries service, part of the U.S. Commerce Department. The Biden administration said in court papers that the monitoring program will be suspended for the fishing year starting in April due to insufficient federal funding. The Supreme Court is due to hear the case in its next term, which begins in October.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia said the law, which instructed the U.S. Circuit said the law "makes clear" that those leases are no longer subject to requirements of the National Environmental Policy Act, which requires a thorough look at environmental impacts of proposed major federal actions. Earthjustice attorney Steve Mashuda, who represented the environmental groups, said in a statement that the decision will harm Gulf communities and ecosystems. A spokesperson for the American Petroleum Institute called the order a “positive step toward more certainty and clarity for energy producers.”The Interior Department, which did not appeal the lower court decision, declined to comment. v. Debra Haaland et al., U.S. Court of Appeals for the District of Columbia Circuit, case No.
Meta Platforms praised the ruling and said it would fight the Federal Trade Commission’s pending litigation. Photo: David Paul Morris/Bloomberg NewsWASHINGTON—An appeals court said it wouldn’t revive a major antitrust case against Meta Platforms Inc., handing a defeat to dozens of state attorneys general who sought to undo the Facebook parent’s acquisition of messaging platform WhatsApp and photo-sharing app Instagram. In a 3-0 decision on Thursday, a panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a June 2021 ruling that dismissed the case.
Former Vice President Mike Pence was subpoenaed earlier this year by special counsel Jack Smith. Photo: Caroline Brehman/ShutterstockWASHINGTON—A federal appeals court paved the way late Wednesday for former Vice President Mike Pence to appear before the grand jury investigating former President Donald Trump’s efforts to remain in power after the 2020 election. In a sealed decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected Mr. Trump’s emergency bid to prevent Mr. Pence from testifying in the criminal inquiry, dealing the latest setback to the former president as he confronts a swirl of legal scrutiny.
A few days after he arrived in Oklahoma, Mr. Garland served as prosecutor in Mr. McVeigh’s bail hearing. The Justice Department was embarrassed by its failure to catch the mysterious perpetrator, and Ms. Gorelick told Mr. Garland to take over, which he did. For the trials of Mr. McVeigh and Terry Nichols in the Oklahoma City bombing, Mr. Garland helped select a prosecution team led by Joseph Hartzler and Larry Mackey, who never became as famous as the O.J. A fair verdict on Mr. Garland should await the outcome of Mr. Smith’s work. (In my interview with him, Mr. Garland not only refused to draw any comparisons between Mr. McVeigh and the Capitol rioters but also refused even to utter the words “January 6.”)
[1/2] Former U.S. President Donald Trump delivers remarks on education as he holds a campaign rally with supporters, in Davenport, Iowa, U.S. March 13, 2023. REUTERS/Jonathan ErnstWASHINGTON, March 24 (Reuters) - Donald Trump's attorney Evan Corcoran appeared on Friday before a federal grand jury investigating the former U.S. president's retention of classified documents after he left the White House in January 2021. Corcoran and his attorney Michael Levy entered the federal courthouse in Washington and went to the third floor where the grand jury typically meets. In May 2022, Trump received a grand jury subpoena ordering him to turn over any records with classified markings, and officials from the Justice Department and FBI met with Trump's attorneys in June to enforce the subpoena. That claim later proved to be false, after the FBI discovered about 100 additional classified records among some 13,000 government documents in its Aug. 8 search.
E. Jean Carroll visits 'Tell Me Everything' with John Fugelsang in the SiriusXM Studios on July 11, 2019 in New York. A spokesman for Carroll's attorney, Roberta Kaplan — who is not related to the judge — declined to comment on the order. Judge Lewis Kaplan also denied a joint request by lawyers for Trump and Carroll to consolidate her two pending civil lawsuits against Trump into a single trial. Carroll's second suit, filed late last year, also alleges defamation and makes a legal claim of battery against Trump for the alleged rape itself. Trump during a deposition by Carroll's lawyers mistook a photo of Carroll for his ex-wife, Marla Maples.
The justices will hear the case during the court's next term, which begins in October. The case is the latest to come before the Supreme Court seeking to rein in the authority of federal agencies. The CFPB, which enforces consumer financial laws, was created after the 2008 financial crisis as part of a federal law known as the Dodd–Frank Wall Street Reform and Consumer Protection Act. A Democratic-led Congress in 2010 set up the agency to draw funding annually from the Federal Reserve, the U.S. central bank, which last fiscal year transferred around $642 million to the consumer protection agency. The court heard arguments in November in two other cases involving agency power.
The Washington Supreme Court made the decision after a lower court judge refused last month to issue a preliminary injunction against the dividend. The Washington attorney general's office in November sued to block the dividend, arguing that it would weaken Albertsons before Kroger's $25 billion purchase. The merger proposal will be reviewed by the Federal Trade Commission, which polices merger and acquisition activity for compliance with antitrust law. In a statement, Washington Attorney General Bob Ferguson said his office was "surprised and disappointed the Supreme Court decided not to hear this case." Chief executives of the two grocers in November defended the $25 billion proposed tie-up at a hearing before a U.S. congressional committee.
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