Legal System

White Representatives Vote To Create White-Appointed Court System

February 12, 2023 BobHarrison and Adam Ganucheau, Portside. Educate! Jackson, Legal System, Mississippi, Police, White Supremacy

Jackson, Mississippi - A white supermajority of the Mississippi House voted after an intense, four-plus hour debate to create a separate court system and an expanded police force within the city of Jackson — the Blackest city in America — that would be appointed completely by white state officials. If House Bill 1020 becomes law later this session, the white chief justice of the Mississippi Supreme Court would appoint two judges to oversee a new district within the city — one that includes all of the city’s majority-white neighborhoods, among other areas. The white state attorney general would appoint four prosecutors, a court clerk, and four public defenders for the new district. The white state public safety commissioner would oversee an expanded Capitol Police force, run currently by a white chief.

Lawsuit Targets Shell’s Board Over Energy Transition Plans

February 12, 2023 Dana Drugmand, Desmog. Resist! climate crisis, Legal System, Shell Oil, United Kingdom (UK)

Shell’s board of directors officially has been served with a world-first lawsuit aiming to hold its corporate directors personally liable for alleged mismanagement of climate risk. The lawsuit, filed Thursday by UK-based environmental law organization ClientEarth, contends that Shell’s strategy to address climate change and manage the energy transition fails to align with the objectives of the Paris Agreement and leaves the company in a vulnerable position as society shifts away from fossil fuels. ClientEarth alleges that inadequate climate strategy by Shell and improper management by the board amounts to violations under the UK Companies Act. ClientEarth, itself a token shareholder in Shell, filed its case in the High Court of England and Wales in London and is suing the company’s 11 directors. Institutional investors with collective holdings of over 12 million shares in Shell are supporting the legal action, which comes on the heels of Shell reporting a record $40 billion in profits in 2022.

Under Criminal Investigation For Buying Hotel Rooms For The Homeless

February 5, 2023 Keith McHenry, Anarchist Cook. Educate! California, Homeless, Housing, Legal System

Santa Cruz, California - The pheromones of fear swept Californians indoors from the chilly mist of March 2020. News of death haunted the media. The streets were silent of all but the unsheltered, police and the hardy volunteers at the Santa Cruz Homeless Union COVID – 19 Relief Center and Food Not Bombs meal. The CDC announced that every effort should be made to provide hotel rooms to the homeless to help stop the spread of COVID-19. Governor Newsom also announced that the State would provide millions of dollars in funding for what he would call Operation Room Key. The Santa Cruz Sentinel’s March 19, 2020 article “Santa Cruz coronavirus ‘triage centers’ in the works for city’s unsheltered population” reported that the state would be “setting aside $50 million to convert hotel and motel rooms into quarantine options for those who are infected, plus more than 1,300 trailers statewide for the same use.”

At San Quentin Prison, Law Students See Restorative Justice In Action

January 30, 2023 Juan Moreno Haines, Next City. Create! California, Criminal Justice and Prisons, Legal System, Restorative Justice

After serving 36 years and seven months, Tommy “Shakur” Ross counted down the last four days of serving a life sentence with the possibility of parole at San Quentin State Prison. Months earlier, the parole board had already approved his release. Nevertheless, last April, he volunteered to play a part in a restorative justice class. As eight law students and eight other incarcerated restorative justice facilitators listened, he sat in a circle with them to discuss the 1985 murder conviction that had led him to prison. “Talk to somebody,” Ross told the students. “Tell somebody the truth. You can’t keep it all inside.” Because it was participating in restorative justice programs at San Quentin, he says, that helped him find a sense of redemption. And on this day, through their impact statements and a number of exercises, Ross and his co-facilitators were helping the law students reconsider what accountability and the criminal justice system could look like.

2022 Was A Big Year For Climate Action In The Courts

January 27, 2023 Dana Drugmand, DeSmog. Resist! climate crisis, Climate Justice, EPA, Legal System

A pair of climate cases from opposite sides of the country appear to be the closest yet to holding fossil fuel companies accountable in court. Lawsuits filed by Honolulu, Hawaii, and by the Commonwealth of Massachusetts have both overcome initial procedural hurdles and are advancing in state courts, despite dogged attempts by lawyers for the fossil fuel firms to punt the cases into federal courts where they hoped to find an easier path to dismissal. And the two cases have each taken a big leap forward in state courts with judges denying fossil fuel defendants’ requests to dismiss the litigation. Earlier this year, a Hawaii state court judge issued several rulings denying oil companies’ motions to dismiss Honolulu’s case, originally filed in March 2020. In a press release, the Honolulu City Council explained, “with these favorable rulings [Honolulu’s] case is now set to become the first in the country to move into a trial phase and begin the all-important process of discovery, where the oil companies must begin opening up files to show what they knew.”

$2.8-Billion Settlement Reached In Lawsuit Over Residential Schools

January 22, 2023 CBC News. Create! Canada, Indigenous Rights, Legal System, Residential Schools

Officials announced Saturday that the federal government and 325 First Nations have agreed to settle a class-action lawsuit, seeking reparations for the loss of language and culture brought on by Indian residential schools, for $2.8 billion. The agreement still has to be approved by a Federal Court before it can be disbursed to recipients, who filed the claim for collective compensation in 2012 as part of a broader class action known as the Gottfriedson case. Canada agreed to pay the $2.8 billion of settlement money into a new trust fund that will operate for 20 years, if the court approves the deal. The fund will be run independent of the federal government, according to officials. The fund organization will be governed by a board of nine Indigenous directors, of whom Canada will choose one, the agreement says.

Perú’s Prosecutor’s Office Initiates Investigation Against Boluarte

January 12, 2023 Orinoco Tribune. Resist! Dina Boluarte, Genocide, Legal System, Peru

This Tuesday, January 10, the Peruvian Prosecutor’s Office ordered a preliminary investigation to be initiated against the de facto president, Dina Boluarte, for crimes of genocide, qualified homicide, and serious injuries, regarding the protests that have shaken the country after the ousting of Pedro Castillo as head of state. Several members of Boluarte’s cabinet will also be investigated, including the president of the council of ministers, Alberto Otárola, minister of the interior, Víctor Rojas, and minister of defense, Jorge Chávez, will also be investigated. In addition, the body ordered an investigation against Pedro Angulo, as former president of the council of ministers, and César Cervantes, as former minister of the interior. The measure will be applied in relation to “the alleged crimes of genocide, qualified homicide and serious injuries,” committed during the demonstrations in the months of December 2022 and January 2023, across the regions of Apurímac, La Libertad, Puno, Junín, Arequipa, and Ayacucho.

‘Public Trust’—A Key Legal Tool To Preserve Our Natural Resources

January 5, 2023 Aric Sleeper, Resilience. Strategize! climate crisis, Legal System, public trust, Water

With the reality of climate change becoming more apparent in the form of extreme weather events such as heat waves, droughts, and floods, it is clear that the future of all life on the planet is in peril. To stress the immediacy and seriousness of human-caused climate change and its effects, United Nations Secretary-General António Guterres addressed the leaders and representatives of nearly 200 countries at COP27 in November 2022. “Our planet is fast approaching tipping points that will make climate chaos irreversible,” said Guterres at the conference. “We are on a highway to climate hell with our foot still on the accelerator.” As the climate rapidly changes largely due to the environmentally damaging practices of large corporations, unchecked by government officials that receive campaign contributions from the polluting industries, it may seem like there isn’t much that can be done to combat this problematic pattern.

Indigenous Elders Evicted And Banished From Colony Without Trial

December 28, 2022 Last Real Indians. Educate! Housing, Indigenous Rights, Legal System, Nevada

Winnemucca Indian Colony, Paiute and Shoshone lands, Nevada - The Winnemucca Indian Colony is an Indian Colony created by the 1916 executive order of Woodrow Wilson and an act of 1928 Congress for homeless Paiute and Shoshone Indians to live and work nearby the developing railroad and town in far northwest Nevada. While the history of the Colony is complex, it is undisputed that Residents engaged in self-governance of their homelands until the Bureau of Indian Affairs (BIA) and others asserted involvement in the group’s affairs. The community has suffered from years of litigious disputes, harassment, and violence over who has authority over the Winnemucca Indian Colony. See generally Winnemucca Indian Colony v. United States of America Department of the Interior ex rel Ayers, (9th Cir. No. 18017121).

Prosecution In Saab Case Threatens To Undermine Diplomatic Immunity

December 25, 2022 Leonardo Flores, The Grayzone. Educate! Alex Saab, Criminal Justice and Prisons, Legal System, Venezuela

The trial of Venezuelan diplomat Alex Saab continued on December 20, when U.S. District Judge Robert Scola heard closing arguments in an evidentiary hearing concerned with whether or not the concept of diplomatic immunity applied to his case. The diplomat was arrested on June 12, 2020, while en route to Iran from Venezuela as part of a special mission to broker a deal for food, fuel, medicine and other essential goods that became scarce in Venezuela due to the U.S. economic blockade. When his plane was forced to refuel in Cape Verde, local authorities arrested and eventually extradited him to the United States, despite the fact that he should have been afforded immunity under the Vienna Convention on Diplomatic Relations. Saab is facing a charge of conspiracy to commit money laundering, which could carry a twenty year sentence if convicted.

Closing Arguments In US Political Prisoner Alex Saab’s Legal Hearing

December 22, 2022 Stansfield Smith, Popular Resistance. Educate! Alex Saab, Legal System, US Sanctions, Venezuela

After day one and day two of the hearing, December 12-13, the case of Alex Saab’s diplomatic immunity wrapped up on the third day, December 20. Judge Robert Scola in the US District Court for the Southern District of Florida will make his decision by the end of this month. Saab’s defense explained that to determine whether Alex Saab is entitled to diplomatic immunity, the judge must answer three questions: “First, did the sending state, Venezuela, appoint Mr. Saab as a special envoy for the purpose of obtaining humanitarian aid in the form of food, medicine and oil? Second, did the receiving state, Iran, accept Mr. Saab as a special envoy? And third, was Mr. Saab in transit on the mission at the time of his detention and extradition?”

After 41 Years In Prison, Mumia Abu-Jamal May Finally Get A New Trial

December 15, 2022 Marjorie Cohn, Truthout. Resist! Criminal Justice and Prisons, Legal System, Mumia Abu-Jamal

Award-winning journalist and author Mumia Abu-Jamal has been in prison for 41 years in a case infused with racism. The 68-year-old is a former Black Panther and the author of a dozen books, including the celebrated Live from Death Row. After his 1982 conviction in the killing of police officer Daniel Faulkner, Abu-Jamal was sentenced to death. In 2011, his sentence was reduced to life without the possibility of parole. Abu-Jamal has a serious heart condition and other life-threatening health problems. Faulkner stopped Abu-Jamal’s younger brother William Cook on the morning of December 9, 1981. Abu-Jamal, who was driving a taxi, coincidentally drove by and came to his brother’s assistance. Following a shootout, Faulkner was shot and killed. Abu-Jamal was shot in the stomach.

All Charges Dismissed Against Nick Tilsen In 2.5 Year Long Case

December 14, 2022 NDN Collective. Resist! Indigenous Rights, Legal System, South Dakota, Victory

Rapid City, South Dakota – Today, NDN Collective announced that after nearly two and a half years of legal battles, all charges against NDN Collective president and CEO Nick Tilsen have been dismissed by the state of South Dakota. “My case held a mirror up to the so-called legal system, where prosecutors – fueled by white fragility and fear of Indigenous power – wasted years of state resources to intimidate, criminalize, and violate me,” said Nick Tilsen, president and CEO of NDN Collective. “The fact that I’ve gone from facing 17 years in prison to all charges dismissed is not a coincidence or an act of justice – it’s evidence that the charges were bogus from the start. We only won because we had effective tools and a strong network to fight them, and did not back down until we had exhausted the system that was built to exhaust us.

Venezuelan Political Prisoner On Trial In Miami Refuses To ‘Sing’

December 12, 2022 Roger D. Harris, Popular Resistance. Educate! Alex Saab, Legal System, US Sanctions, Vienna Convention

Starting December 12, an evidentiary hearing before the US Southern District Court of Florida is considering a case of historic importance. Is the US above international law? Can international conventions on diplomatic immunity be violated by US courts and prosecutors? The fate of Alex Saab, a special envoy of the Bolivarian Republic of Venezuela is being contested, but larger questions that could affect the lives of diplomats around the world will be decided. Most prisoners with a get-out-of-jail-free card would have played it, but not Alex Saab. The Venezuelan diplomat has been incarcerated for two and a half years. On June 12, 2020, Alex Saab was on a mission from Caracas to Tehran to procure supplies of food, fuel, and medicine denied the Venezuelans by sanctions imposed by the US.

Protest Called In Miami For Freedom Of Venezuelan Diplomat Alex Saab

December 11, 2022 Orinoco Tribune. Resist! Alex Saab, Criminal Justice and Prisons, Legal System, Venezuela

An important hearing takes place on Monday, December 12 in the case of Venezuelan diplomat Alex Saab, illegally imprisoned in the US. Solidarity activists will protest outside the Federal Court building in Miami, chanting “Free Alex Saab,” while inside a judge will hear arguments from Saab’s defense trying to win his freedom. Saab’s defense will assert his status as a Special Envoy of the president of Venezuela, Nicolas Maduro. As a special envoy of the Bolivarian Republic of Venezuela, Saab is immune to prosecution by the US government, according to international law. “The United States is singling out Alex Saab for punishment because he is key to bypassing the illegal US sanctions imposed on Venezuela,” said Cassia Laham of the Free Alex Saab Committee.

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