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Search resuls for: "2nd Circuit U.S"


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WASHINGTON — The Supreme Court on Monday rejected disbarred lawyer Michael Cohen’s last-ditch effort to revive a civil rights claim against his former boss Donald Trump. But constitutional claims against individual federal officials are notoriously difficult to bring as a result of a line of Supreme Court rulings. In a 2022 case called Egbert v. Boule, the Supreme Court effectively put “Bivens claims” on life support in a ruling that tossed out allegations against a Border Patrol agent. A federal judge in New York and the 2nd Circuit U.S. Court of Appeals both highlighted the Supreme Court’s recent ruling in throwing out Cohen’s claims. Unless Congress passes legislation to allow a form of Bivens claims, there are few legal avenues to seeking accountability when federal officials, including thousands of law enforcement officials, commit unlawful acts.
Persons: WASHINGTON —, Michael Cohen’s, Donald Trump, Cohen, Trump, Egbert, “ Bivens, , Bivens Organizations: Trump, NBC News, Federal Bureau of Narcotics, Border Patrol, 2nd Circuit U.S Locations: New York
WASHINGTON — Michael Cohen is an unlikely civil rights warrior. Where Cohen, now a voluble Trump critic, aligns with civil rights advocates is on trying to turn the tide on the Supreme Court’s hostility to claims against federal officials for constitutional violations. Cohen also faces an unlikely alliance opposing his request: Joe Biden and Donald Trump. The current president’s Justice Department has filed a brief agreeing with the former president that the Supreme Court should not get involved. In Trump’s brief, his lawyer Alina Habba wrote that lower courts “faithfully applied” Supreme Court precedent in ruling against Cohen.
Persons: WASHINGTON — Michael Cohen, Donald Trump, Cohen, Trump, , ” Cohen, , Mark Milley, William Barr, Jon, Michael Dougherty, Egbert, “ Bivens, Bivens, Patrick Jaicomo, Joe Biden, Elizabeth Prelogar, Biden, Alina Habba, Vladimir Putin, Bill Barr Organizations: Trump, Republican, Joint Chiefs, Staff, Federal Bureau of Narcotics, Border Patrol, for Justice, NBC News, 2nd Circuit U.S, president’s Justice Locations: New York
Sam Bankman-Fried, the founder of bankrupt cryptocurrency exchange FTX, arrives at court as lawyers push to persuade the judge overseeing his fraud case not to jail him ahead of trial, at a courthouse in New York, August 11, 2023. A lawyer for FTX founder Sam Bankman-Fried on Thursday filed a notice of appeal of his federal fraud and conspiracy conviction and his 25-year prison sentence. Bankman-Fried, 32, was convicted at trial in November of seven fraud and conspiracy counts related to misappropriating around $10 billion in customer money. The Manhattan U.S. Attorney's Office said Bankman-Fried oversaw a conspiracy that looted customer funds to make investments and fund political donations to Democrats and Republicans. He also used the swindled funds for personal expenses and to repay loans taken out by Alameda Research, prosecutors said.
Persons: Sam Bankman, Fried, Alexandra Shapiro Organizations: Alameda Research, Prosecutors, 2nd Circuit U.S, of Appeals, Circuit, U.S, Supreme, Manhattan U.S, Attorney's, Republicans Locations: New York, U.S, Manhattan
Joe Tacopina, Attorney for former President Donald Trump, leaves Federal Court after the civil trial against former President Donald Trump at Manhattan on May 09, 2023 in New York City. A trial in that case ended with a Manhattan federal court jury finding Trump liable for sexually abusing Carroll and defaming her. On Monday, Tacopina filed a notice with the appeals court seeking the withdrawal of his law firm from the case. Also Monday, Tacopina filed a notice withdrawing from the Manhattan Supreme Court case where he was defending Trump on criminal charges of falsifying business records related to a hush money payment to the porn star Stormy Daniels. Trump, who denies having sex with Daniels, reimbursed Cohen for the payment and other related costs, which were recorded by the Trump Organization as legal expenses.
Persons: Joe Tacopina, Donald Trump, Joseph Tacopina, Tacopina, Trump, Crooked Joe Biden, Steven Cheung, E, Jean Carroll, Carroll, defaming, Stormy Daniels, Trump's, Michael Cohen, Daniels, Cohen Organizations: Manhattan, Trump, Iowa Republican, GOP, America, 2nd Circuit U.S, Appeals, Carroll, Manhattan Supreme, Trump Organization Locations: New York City, Iowa, New York, Manhattan
That effort, if it had been approved, would have killed Carroll's lawsuit because the government can shield itself from civil liability under the doctrine of sovereign immunity. The DOJ had not played a role in that lawsuit, as the alleged actions occurred outside of Trump tenure in the White House. "We are grateful that the Department of Justice has reconsidered its position," Carroll's lawyer, Roberta Kaplan, said in a statement. "Now that one of the last obstacles has been removed, we look forward to trial in E Jean Carroll's original case in January 2024." The letter also said: "Moreover, the circumstantial evidence of Mr. Trump's subjective intent in making theallegedly defamatory statements does not support a determination in this case that he wassufficiently motivated by a desire to serve the United States Government."
Persons: Jean Carroll, Donald Trump, E, Carroll, Trump, Westfall, Donald J, Brian Boynton, Boynton, Roberta Kaplan, Kaplan, Jean Carroll's, Bergdorf Goodman, Bill Barr, District Judge Lewis Kaplan, Joe Biden Organizations: The, Justice, Trump, DOJ, Washington , D.C, ., White, Department, United States Government, Department of Justice, CNBC, U.S, District, 2nd Circuit U.S, of Appeals Locations: Manhattan, New York City, United States, New York, Trump, Washington ,, Washington, Columbia
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