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As federal prosecutors pursue a criminal case against Donald Trump for his efforts to overturn his 2020 election defeat, the DOJ also is being careful to avoid staking out positions that could limit the power of President Joe Biden or his successors, our colleague Andrew Goudsward reports.
The DOJ historically has carefully protected the rights of the executive office of the presidency. But in the case against Trump, prosecutors are signaling there are limits to the U.S. government’s normally broad view of the presidential role. The justices’ blockbuster immunity ruling last term left it to U.S. District Judge Tanya Chutkan to decide which of Trump’s actions are shielded from prosecution.
“There’s potentially a clash between, on the one hand, the things the government might need to say in order to sustain the indictment and, on the other hand, what it needs to say in other cases and contexts to defend some pretty standard Department of Justice and executive branch positions,” said Peter Keisler, a former head of the DOJ’s civil division.
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- A California woman is facing criminal charges and a complaint from the SEC after she allegedly stole millions through a scheme that preyed on investors in a fake litigation fund for personal injury attorneys. Prosecutors said she conned investors out of more than $10 million.
- Federal prosecutors charged a former aide to New York Governor Kathy Hochul with acting as an undisclosed agent of the Chinese government. While in state government, Linda Sun allegedly blocked representatives of the Taiwanese government from meeting with officials. Sun’s husband was also charged.
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That’s how much hotel rates in New York have risen since last July, according to a new report from Airbnb about the city’s regulations of short-term rentals. The report, citing data from real estate giant Co-Star and other sources, urged New York to reconsider its rules. Rolling back parts of the law would increase the supply of accommodations, Airbnb said. A judge last year dismissed the company’s challenge to the regulations.
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A defense lawyer in Oakland County, Michigan, took a screenshot during a hearing four years ago in one of his criminal cases. He posted the screenshot on Facebook, along with some spicy remarks about the prosecutor. The prosecutor hit him with a contempt motion, citing the county court system’s ban on rebroadcasting virtual hearings. He responded with First Amendment claims in federal court, winning backing from two journalism groups. The 6th Circuit weighed in last week — but, as Alison Frankel explains, ended up ducking the big questions.
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“The only thing that matters to those of us
who lost our kin is justice.”
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—Hisam Choucair, who lost six family members in a fire at the Grenfell Tower apartments in London that killed 72 people seven years ago. The fire ripped through the 23-story social housing block in one of the wealthiest areas of west London. Today, the inquiry into the disaster, headed by retired judge Martin Moore-Bick, is set to deliver its final conclusions. Survivors and families are hoping it spells out who was to blame.
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- Google and the DOJ are expected to propose a schedule for the next phase of the government’s blockbuster antitrust case over the tech giant’s search dominance. Antitrust enforcers in D.C. federal court will seek to remedy what they say is the company’s monopoly in online search and related ads.
- Novartis, AstraZeneca and Pharmaceutical Research and Manufacturers of America will ask U.S. District Judge Matthew Maddox in Baltimore to block a Maryland law that they said requires drugmakers to offer discounts on drugs dispensed by third-party pharmacies that contract with hospitals and clinics serving low-income populations.
- In Philadelphia federal court, it’s “science day” for the U.S. District Judge Karen Marston and lawyers in multidistrict litigation over the alleged side effects from diabetes and weight-loss drugs — including Ozempic, Wegovy and Mounjaro. The judge wants to hear about medical and scientific issues.
- The Utah Supreme Court will hear arguments over whether to revive a lawsuit by seven young residents alleging the state is violating their constitutional rights to life, health and safety by contributing to climate change through its promotion of the development of fossil fuels.
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Court calendars are subject to last-minute docket changes.
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- The U.S. filed criminal charges in Manhattan federal court against Hamas’ top leadership, including the militant group’s chief Yahya Sinwar, accusing them of leading efforts to kill civilians and destroy the state of Israel.
- The D.C. Circuit said a new EPA rule went too far by retroactively tightening emissions standards for industrial boilers, ruling in favor of U.S. Sugar and groups representing other industrial boiler operators challenging the regulation.
- A California doctor and a woman charged with illegally supplying the drug ketamine to “Friends” star Matthew Perry before his overdose death will face trial in March, according to new documents in Los Angeles federal court.
- Rite Aid will operate as a private company after it successfully completed its financial restructuring and emerged from Chapter 11 bankruptcy.
- Anadarko and other natural gas exploration and production companies defeated a federal lawsuit accusing them of underpaying royalties to property owners holding interests to thousands of acres of leased land.
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From the standpoint of personal injury liability and insurance, what might a future with autonomous cars look like? Erin Mindoro Ezra, Rebecca Rogers and Robert Chan of Berger Kahn look at the emerging questions. Read today’s Attorney Analysis.
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