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Appeals court rules Mississippi can resume Google inquiry
Attorney News | 2016/04/12 07:46

Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.

The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.

Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.

The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.



US House staffers subpoenaed by federal court
Attorney News | 2016/04/11 07:46

Four congressional staffers have told the U.S. House that they've been subpoenaed by the federal court in Springfield, Illinois, where a grand jury is conducting a probe into the spending of former U.S. Rep. Aaron Schock.

The financial chief for the House, Traci Beaubian, and three other staff members wrote letters notifying the chamber about the subpoenas that were read on the House floor Monday, the Chicago Tribune reported  based on House records noting the letters were received and video of the letters being read. The letters did not mention the subject of the subpoenas.

Schock, the one-time rising GOP star from Peoria, came under intense scrutiny in early 2015 for his spending, including redecorating his office in the style of TV's "Downton Abbey." He left office in March 2015 amid questions about congressional and campaign spending.

He has since been issued at least two grand jury subpoenas seeking campaign and congressional records. FBI agents also have removed boxes and other items from his central Illinois campaign office.


Clinton: Americans should put Court nomination at forefront
Court Line | 2016/03/29 19:16

Hillary Clinton wants voters to consider what Republican front-runner Donald Trump might do to shape the Supreme Court.

Clinton planned to use in a speech in Madison, Wisconsin, on Monday to argue that Trump could roll back the rights of individuals, further empower corporations and undo some of the nation's progress.

Clinton was campaigning in Wisconsin ahead of the state's April 5 primary and speaking Monday at the University of Wisconsin about President Barack Obama's nomination of Judge Merrick Garland.

Clinton holds a large lead among delegates against Democratic rival Bernie Sanders but is trying to stamp out the Vermont senator's momentum following his victories in five of the last six states holding contests.

Clinton's campaign said ahead of the speech that the Democratic presidential candidate would call on Senate Judiciary Chairman Charles Grassley of Iowa to commit to giving Garland a hearing. Grassley and Senate Majority Leader Mitch McConnell, R-Ky., have said that the late Justice Antonin Scalia should not be replaced until the next president picks a nominee.



Attorney: Court ruling lets Ohio political candidates lie
Legal Focuses | 2016/03/28 19:16

Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.

Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.

In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.

Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."

Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.



Supreme Court rejects Blagojevich appeal in corruption case
Court Line | 2016/03/28 19:16

The Supreme Court on Monday rejected former Illinois Gov. Rod Blagojevich's appeal of his corruption convictions that included his attempt to sell the vacant Senate seat once occupied by President Barack Obama.
 
The justices let stand an appeals court ruling that found Blagojevich crossed the line when he sought money in exchange for naming someone to fill the seat. Blagojevich, 59, is serving a 14-year sentence at a federal prison in Colorado.

A federal appeals court last year threw out five of his 18 convictions and Blagojevich was hoping the Supreme Court would consider tossing the rest. His lawyers argued in an 83-page November filing that the line between the legal and illegal trading of political favors has become blurred, potentially leaving politicians everywhere subject to prosecution.

The appeal to the high court was a last slim hope for Blagojevich, who has proclaimed his innocence for years. Since his 2008 arrest and through his two trials, Blagojevich has argued he was participating in legal, run-of-the-mill politicking.

Blagojevich meanwhile is awaiting a resentencing ordered in July by the 7th U.S. Circuit Court of Appeals in Chicago when it ruled to toss the five convictions.

The Supreme Court hears only around 80 cases a year out of more than 10,000 requests and typically accepts cases that raise weighty and divisive legal issues.


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