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Trump asks Supreme Court to quickly take up tariffs case and reverse ruling
Attorney Career |
2025/09/02 09:56
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The Trump administration took the fight over tariffs to the Supreme Court on Wednesday, asking the justices to rule quickly that the president has the power to impose sweeping import taxes under federal law.
The government called on the court to reverse an appeals court ruling that found most of President Donald Trump’s tariffs are an illegal use of an emergency powers law.
It’s the latest in a series of Trump administration appeals to a Supreme Court he helped shape, and one that is expected to put a centerpiece of the president’s trade policy before the justices.
The U.S. Court of Appeals for the Federal Circuit left the tariffs in place for now, but the administration nevertheless called on the high court to intervene quickly in a petition filed electronically late Wednesday and provided to The Associated Press. It was expected to be formally docketed on Thursday.
Solicitor General D. John Sauer asked the justices to take up the case and hear arguments in early November.
“That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations,” he wrote. “The stakes in this case could not be higher.”
But the stakes are also high for small businesses battered by tariffs and uncertainty, said Jeffrey Schwab, senior counsel and director of litigation at the Liberty Justice Center.
“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival. We hope for a prompt resolution of this case for our clients,” he said.
The businesses have twice prevailed, once at a federal court focused on trade and again with the appeals court’s 7-4 ruling.
Their lawsuit is one of several challenging the tariffs and erratic rollout that have shaken global markets, alienated U.S. trading partners and allies and raised fears of higher prices and slower economic growth.
But Trump has also used the levies to pressure the European Union, Japan and other countries into accepting new trade deals. Revenue from tariffs totaled $159 billion by late August, more than double what it was at the same point the year before.
Most judges on the U.S. Court of Appeals for the Federal Circuit found the 1977 International Emergency Economic Powers Act, or IEEPA, did not let Trump usurp congressional power to set tariffs. The dissenters, though, said the law does allow the president to regulate importation during emergencies without explicit limitations.
The ruling involves two sets of import taxes, both of which Trump justified by declaring a national emergency: the tariffs first announced in April and the ones from February on imports from Canada, China and Mexico.
The Constitution gives Congress the power to impose taxes, including tariffs. But over the decades, lawmakers have ceded authority to the president, and Trump has made the most of the power vacuum.
Some Trump tariffs, including levies on foreign steel, aluminum and autos, weren’t covered by the appeals court ruling. It also does not include tariffs Trump imposed on China in his first term that were kept by Democratic President Joe Biden.
Trump can impose tariffs under other laws, but those have more limitations on the speed and severity with which he could act.
The government has argued that if the tariffs are struck down, it might have to refund some of the import taxes that it’s collected, delivering a financial blow to the U.S. Treasury.
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Federal data website outage raises concerns among advocates
Attorney Career |
2025/08/22 07:44
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A federal website that informs the public about what information agencies are collecting and allows for public comment went down last weekend, and it has only been partially restored. The outage has raised concerns among advocates who already were troubled by the disappearance of data sets from government websites after President Donald Trump began his second term.
The https://www.reginfo.gov/public/ website went offline at the end of last week and was partially restored this week. Data was missing after Aug. 1, according to dataindex,us, a collective of data scientists and advocates who monitor changes in federal data sets.
As of Thursday, the website’s landing page said, it was “currently undergoing revisions.” Emailed inquiries to the Office of Management and Budget and General Services Administration weren’t returned on Thursday.
In February, the Centers for Disease Control and Prevention’s official public portal for health data, data.cdc.gov, was taken down entirely but subsequently went back up. Around the same time, when a query was made to access certain public data from the U.S. Census Bureau’s most comprehensive survey of American life, users for several days got a response that said the area was “unavailable due to maintenance” before access was restored.
Researchers Janet Freilich and Aaron Kesselheim examined 232 federal public health data sets that had been modified in the first quarter of this year and found that almost half had been “substantially altered,” with the majority having the word “gender” switched to “sex,” they wrote last month in The Lancet medical journal.
Former Census Bureau official Chris Dick, who is part of the dataindex.us team, said Thursday that no one is quite sure what is going on with the regulatory affairs website, whether there was an update with technical difficulties because of staffing shortages from job cuts or something more nefarious.
“This is key infrastructure that needs to come back,” Dick said. “Usually, you can fix this quickly. It’s not super normal for this to go on for days.”
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Victims feeling exhausted and anxious about wrangling over Epstein files
Attorney Career |
2025/08/03 13:09
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Women who say they were abused by Jeffrey Epstein are feeling skeptical and anxious about the Justice Department’s handling of records related to the convicted sex offender, with some backing more public disclosures as an overdue measure of transparency, and others expressing concerns about their privacy and the Trump administration’s motivations.
In letters addressed to federal judges in New York this week, several victims or their attorneys said they would support the public release of grand jury testimony that led to criminal indictments against Epstein and his former girlfriend, Ghislaine Maxwell — if the government agreed to allow them to review the material and redact sensitive information.
The Justice Department has asked the court to take the rare step of unsealing transcripts of that secret testimony, in part to placate people who believe that the government has hidden some things it knows about Epstein’s wrongdoing.
Other victims, meanwhile, accused President Donald Trump of sidelining victims as he seeks to shift the focus from Epstein, who killed himself in 2019 while awaiting trial on charges that he habitually sexually abused underage girls. Some expressed concern that the administration — in its eagerness to make the scandal go away — might give Maxwell clemency, immunity from future prosecution or better living conditions in prison as part of a deal to get her to testify before Congress.
“I am not some pawn in your political warfare,” one alleged victim wrote in a letter submitted to the court by her lawyer this week. “What you have done and continue to do is eating at me day after day as you help to perpetuate this story indefinitely.”
Added another victim, in a letter submitted anonymously on Wednesday: “This is all very exhausting.”
Maxwell was convicted in 2021 of helping Epstein sexually abuse underage girls and is serving a 20-year prison sentence. A top Justice Department official, Deputy Attorney General Todd Blanche, interviewed Maxwell for nine hours late last month, saying he wanted to hear anything she had to say about misdeeds committed by Epstein or others. After that interview, Maxwell was moved from a federal prison in Florida to a low-security prison camp in Texas.
Alicia Arden, who said Epstein sexually assaulted her in the late 1990s, held a news conference on Wednesday in Los Angeles. She said she would support the release of additional material related to the case, including a transcript of Maxwell’s interview with Blanche.
But she also expressed outrage at the possibility that Maxwell could receive clemency or other special treatment through the process, adding that the Justice Department’s approach had been “very upsetting” so far.
The Trump administration has faced weeks of furor from some segments of the president’s political base, which have demanded public disclosure of files related to Epstein. Epstein has long been the subject of conspiracy theories because of his friendships with the rich and powerful, including Trump himself, Britain’s Prince Andrew and former President Bill Clinton.
Last month, the Justice Department announced it would not release additional files related to the Epstein sex trafficking investigation.
Prosecutors later asked to unseal the grand jury transcripts, though they’ve told the court they contain little information that hasn’t already been made public. Two judges who will decide whether to release the transcripts then asked victims to share their views on the matter.
In a letter submitted to the court Tuesday, attorneys Brad Edwards and Paul Cassell, who represent numerous Epstein victims, wrote: “For survivors who bravely testified, the perception that Ms. Maxwell is being legitimized in public discourse has already resulted in re-traumatization.”
An attorney for Maxwell, David Oscar Markus, said this week that she opposed the release of the grand jury transcripts.
“Jeffrey Epstein is dead. Ghislaine Maxwell is not,” he wrote. “Whatever interest the public may have in Epstein, that interest cannot justify a broad intrusion into grand jury secrecy in a case where the defendant is alive, her legal options are viable, and her due process rights remain.”
The Justice Department did not respond to a request for comment on the victims’ statements.
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Colorado deputies disciplined for helping federal immigration agents
Attorney Career |
2025/07/31 13:09
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Two Colorado deputies have been disciplined for violating state law by helping federal agents make immigration arrests, and their sheriff says officers from other agencies have done the same.
One of the deputies, Alexander Zwinck, was sued by Colorado’s attorney general last week, after his cooperation with federal immigration agents on a drug task force was revealed following the June arrest of a college student from Brazil with an expired visa.
Following an internal investigation, a second Mesa County Sheriff’s Office deputy and task force member, Erik Olson, was also found to have shared information. The two deputies used a Signal chat to relay information to federal agents, according to documents released Wednesday by the sheriff’s office.
Zwinck was placed on three weeks of unpaid leave, and Olson was given two weeks of unpaid leave, Mesa County Sheriff Todd Rowell said in a statement. Both were removed from the task force.
Two supervisors also were disciplined. One was suspended without pay for two days, and another received a letter of reprimand. A third supervisor received counseling.
State laws push back against Trump crackdown
The lawsuit and disciplinary actions come as lawmakers in Colorado and other Democratic-led states have crafted legislation intended to push back against President Donald Trump’s immigration crackdown.
Since Trump took office, pro-immigrant bills have advanced through legislatures in Illinois, Vermont, California, Connecticut and other states. The measures include stronger protections for immigrants in housing, employment and police encounters.
Trump has enlisted hundreds of state and local law enforcement agencies to help identify immigrants in the U.S. illegally and detain them for potential deportation. The Republican also relaxed longtime rules restricting immigration enforcement near schools, churches and hospitals.
Zwinck was sued under a new state law signed by Gov. Jared Polis about two weeks before the arrest of the student from Brazil. It bars local government employees including law enforcement from sharing identifying information about people with federal immigration officials. Previously, only state agencies were barred from doing that. It’s one of a series of laws limiting the state’s involvement in immigration enforcement passed over the years that has drawn criticism and a lawsuit from the federal government.
The U.S. Department of Justice has also sued Illinois and New York, as well as several cities in those states and New Jersey, alleging their policies violate the U.S. Constitution or federal immigration laws.
Officers say they were following established procedures
Zwinck and Olson told officials they thought they were operating according to long-standing procedures.
However, the internal investigation found they had both received and read two emails prior to the passage of the new law about previous limits on cooperation with immigration officials. The most recent was sent on Jan. 30, 2025, after an official for Homeland Security Investigations, part of Immigration and Customs Enforcement, had asked state and local law enforcement officers at a law enforcement meeting to contact HSI or ICE if they arrested a person for a violent crime who was believed not to be a citizen, the investigation documents said. The email said not to contact HSI or ICE.
Zwinck said he didn’t know about the new law and was not interested in immigration enforcement.
“When I was out there, I wanted to find drugs, guns and bad guys,” Zwinck said at a July 23 disciplinary hearing. “And sending that information to HSI they provided the ability to give me real time background information on the person I was in contact with,” he said.
Olson, who said he had been with the sheriff’s office 18 years, testified at his disciplinary hearing that it was “standard practice” to send information up to federal agents during traffic stops.
“It was routine for ICE to show up on the back end of a traffic stop to do their thing,” Olson said. “I truly thought what we were doing was condoned by our supervision and lawful.”
A lawyer at a law firm listed as representing both deputies, Michael Lowe, did not immediately return a telephone call or email seeking comment.
Rowell said drug task force members from other law enforcement agencies, including the Colorado State Patrol, also shared information with immigration agents on the Signal chat. The state patrol denied the claim.
The sheriff faulted Attorney General Phil Weiser for filing the lawsuit against Zwinck before a local internal investigation was complete. He called on the Democrat, who is running for governor, to drop it.
“As it stands, the lawsuit filed by the Attorney General’s Office sends a demoralizing message to law enforcement officers across Colorado — that the law may be wielded selectively and publicly for maximum political effect rather than applied fairly and consistently,” he said.
Weiser said last week that he was investigating whether other officers in the chat violated the law.
Spokesperson Lawrence Pacheco said Weiser was presented with evidence of a “blatant violation of state law” and had to act.
“The attorney general has a duty to enforce state laws and protect Coloradans and he’ll continue to do so,” Pacheco said.
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A Virginia man accused of stockpiling bombs pleads guilty
Attorney Career |
2025/07/19 12:11
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A Virginia man pleaded guilty Friday in a federal case that accused him of stockpiling the largest number of finished explosives in FBI history and of using then-President Joe Biden’s photo for target practice.
Brad Spafford pleaded guilty in federal court in Norfolk to possession of an unregistered short barrel rifle and possession of an unregistered destructive device, according to court documents. Each count carries a maximum sentence of 10 years in prison. His sentencing is scheduled for December.
Federal authorities said they seized about 150 pipe bombs and other homemade devices last fall at Spafford’s home in Isle of Wight County, which is northwest of Norfolk.
The investigation into Spafford began in 2023 when an informant told authorities that Spafford was stockpiling weapons and ammunition, according to court documents. The informant, a friend and member of law enforcement, told authorities that Spafford was using pictures of then-President Joe Biden for target practice and that “he believed political assassinations should be brought back,” prosecutors wrote.
Two weeks after the assassination attempt of then-presidential candidate Donald Trump in 2024, Spafford told the informant, “bro I hope the shooter doesn’t miss Kamala,” according to court documents. Former Vice President Kamala Harris had recently announced she was running for president. On around the same day, Spafford told the informant that he was pursuing a sniper qualification at the local gun range, court records stated.
Spafford stored a highly unstable explosive material in a garage freezer next to “Hot Pockets and frozen corn on the cob,” according to court documents. Investigators also said they found explosive devices in an unsecured backpack labeled “#NoLivesMatter.”
Spafford has remained in jail since his arrest last December. U.S. District Judge Arenda L. Wright Allen ruled against his release last January, writing that Spafford has “shown the capacity for extreme danger.” She also noted that Spafford lost three fingers in an accident involving homemade explosives in 2021.
Spafford had initially pleaded not guilty to the charges in January. Defense attorneys had argued at the time that Spafford, who is married and a father of two young daughters, works a steady job as a machinist and has no criminal record.
Defense attorney Jeffrey Swartz said at Spafford’s January detention hearing that investigators had gathered information on him since January 2023, during which Spafford never threatened anyone.
“And what has he done during those two years?” Swartz said. “He purchased a home. He’s raised his children. He’s in a great marriage. He has a fantastic job, and those things all still exist for him.”
Investigators, however, said they had limited knowledge of the homemade bombs until an informant visited Spafford’s home, federal prosecutors wrote in a filing.
“But once the defendant stated on a recorded wire that he had an unstable primary explosive in the freezer in October 2024, the government moved swiftly,” prosecutors wrote. |
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Georgia appeals court upholds ruling saying election officials must certify results
Attorney Career |
2025/07/10 08:54
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A Georgia appeals court has upheld a lower court ruling that said county election officials in the state must vote to certify results according to deadlines set in law.
Fulton County Superior Court Judge Robert McBurney had ruled in October that “no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance.” The ruling stemmed from a lawsuit filed by Republican Fulton County election board member Julie Adams, who abstained from certifying primary election results last year.
A three-judge panel of the Georgia Court of Appeals last week upheld McBurney’s ruling, saying “Adams’ contention that the trial court erred by declaring she had a mandatory duty to certify election results is without merit.”
Certification, an administrative task that involves certifying the number of votes, became a political flashpoint when President Donald Trump tried to overturn his loss to Democrat Joe Biden in the 2020 general election. Republicans in several swing states refused to certify results during primary elections last year, and some sued to try to keep from being forced to sign off on election results.
In the run-up to last year’s presidential election, Democrats and some voting rights groups worried that Trump-allied election officials could refuse to certify election results if he were to lose to then-Vice President Kamala Harris. Trump ended up beating Harris.
Georgia law says county election superintendents, which are generally multimember boards, shall certify election results by 5 p.m. on the Monday after an election, or the Tuesday after if Monday is a holiday.
McBurney had written in his order that Georgia law allows county election officials to examine whether fraud has occurred and what should be done about it. They should share any concerns with the appropriate authorities for criminal prosecution or use them to file an election challenge in court, but cannot use their concerns to justify not certifying results, the judge wrote.
The Court of Appeals opinion echoed McBurney’s ruling.
The appeals court also noted that state law limits county election officials’ review of documents to instances when the total number of votes exceeds the total number of voters or ballots and also limits the review to documents related to the relevant precinct. To the extent that McBurney’s ruling allows a more expansive review, the judges sent it back to him for reconsideration.
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