federal judge

HONOLULU — A federal judge’s ruling clears the way for Hawaii to include cruise ship passengers in a new tourist tax to help cope with climate change, a levy set to go into effect at the start of 2026.

U.S. District Judge Jill A. Otake on Tuesday denied a request seeking to stop officials from enforcing the new law on cruises.

In the nation’s first such levy to help cope with a warming planet, Hawaii Gov. Josh Green signed legislation in May that raises tax revenue to deal with eroding shorelines, wildfires and other climate problems. Officials estimate the tax will generate nearly $100 million annually.

The levy increases rates on hotel room and vacation rental stays but also imposes a new 11% tax on the gross fares paid by a cruise ship’s passengers, starting next year, prorated for the number of days the vessels are in Hawaii ports.

Cruise Lines International Assn. challenged the tax in a lawsuit, along with a Honolulu company that provides supplies and provisions to cruise ships and tour businesses out of Kauai and the Big Island that rely on cruise ship passengers. Among their arguments is that the new law violates the Constitution by taxing cruise ships for the privilege of entering Hawaii ports.

Plaintiff lawyers also argued that the tax would hurt tourism by making cruises more expensive. The lawsuit notes the law authorizes counties to collect an additional 3% surcharge, bringing the total to 14% of prorated fares.

“Cruise tourism generates nearly $1 billion in total economic impact for Hawai‘i and supports thousands of local jobs, and we remain focused on ensuring that success continues on a lawful, sustainable foundation,” association spokesperson Jim McCarthy said in a statement.

According to court records, plaintiffs will appeal. They asked the judge to grant an injunction pending an appeal and requested a ruling by Saturday afternoon, given that the law takes effect Jan. 1.

Hawaii will continue to defend the law, which requires cruise operators to pay their share of transient accommodation tax to address climate change threats to the state, state Atty. Gen. Anne Lopez said in a statement.

The U.S. government intervened in the case, calling the tax a “scheme to extort American citizens and businesses solely to benefit Hawaii” in conflict with federal law.

Kelleher writes for the Associated Press.

WASHINGTON — Attorneys for President Trump urged a federal judge on Friday to rule that Trump is entitled to presidential immunity from civil claims that he instigated a mob’s attack on the U.S. Capitol to stop Congress from certifying the results of the 2020 election.

U.S. District Judge Amit Mehta didn’t rule from the bench after hearing arguments from Trump attorneys and lawyers for Democratic members of Congress who sued the Republican president and allies over the Jan. 6. 2021, attack.

Trump spoke to a crowd of his supporters at the “Stop the Steal” rally near the White House before the mob’s attack disrupted the joint session of Congress for certifying Democratic President Joe Biden’s electoral victory.

Trump’s attorneys argue that his conduct leading up to Jan. 6 and on the day of the riot is protected by presidential immunity because he was acting in his official capacity.

“The entire point of immunity is to give the president clarity to speak in the moment as the commander-in-chief,” Trump attorney Joshua Halpern told the judge.

The lawmakers’ lawyers argue Trump can’t prove he was acting entirely in his official capacity rather than as an office-seeking private individual. And the U.S. Supreme Court has held that office-seeking conduct falls outside the scope of presidential immunity, they contend.

“President Trump has the burden of proof here,” said plaintiffs’ attorney Joseph Sellers. “We submit that he hasn’t come anywhere close to satisfying that burden.”

At the end of Friday’s hearing, Mehta said the arguments gave him “a lot to think about” and he would rule “as soon as we can.”

Rep. Bennie Thompson, a Mississippi Democrat who chaired the House Homeland Security Committee, sued Trump, his personal attorney Rudolph Giuliani and members of the Proud Boys and Oath Keepers extremist groups over the Jan. 6 riot. Other Democratic members of Congress later joined the litigation.

The civil claims survived Trump’s sweeping act of clemency on the first day of his second term, when he pardoned, commuted prison sentences and ordered the dismissal of all 1,500-plus criminal cases stemming from the Capitol siege. Over 100 police officers were injured while defending the Capitol from rioters.

Halpern said immunity enables the president to act “boldly and fearlessly.”

“Immunity exists to protect the president’s prerogatives,” he said.

Plaintiffs’ lawyers argue that the context and circumstances of the president’s remarks on Jan. 6 — not just the content of his words — are key to establishing whether he is immune from liability.

“You have to look at what happened leading up to January 6th,” Sellers said.

Kunzelman writes for the Associated Press.

Another physician who played a role in providing ketamine to Matthew Perry weeks before the actor’s overdose death was sentenced to eight months of house arrest by a federal judge Friday.

Mark Chavez, a former doctor, pleaded guilty to one count of conspiracy to distribute ketamine last October. In his plea agreement, Chavez acknowledged that he and Salvador Plasencia — an ex-doctor sentenced to nearly three years in prison earlier this month — colluded to deceive medical ketamine suppliers and illegally distribute the drug to Perry for profit.

Chavez, 54, was also sentenced to three years of supervised release following his house arrest and must perform 300 hours of community service.

Chavez was one of five individuals charged last year for their alleged roles in Perry’s October 2023 death. The others include Perry’s acquaintance Erik Fleming, personal assistant Kenneth Iwamasa, and Jasveen Sangha, a North Hollywood woman allegedly known as the “Ketamine Queen.” All have pleaded guilty to federal charges and await sentencing in the coming months.

During the sentencing, U.S. District Judge Sherilyn Peace Garnett brought up concerns about sentencing disparities between Chavez and Plasencia. Assistant U.S. Attorney Ian Yanniello argued that the government’s recommended sentence of six months of house arrest was due to Chavez’s cooperation with investigators.

“As doctors, their conduct was egregious,” Yanniello said. “The difference was what they did when they got caught.”

Before charges were brought against the five alleged distributors, Chavez surrendered his medical license and sought a plea deal with the government.

According to an indictment, Plasencia contacted Chavez to purchase ketamine after learning Perry was interested in depression-related treatments in September 2023. Chavez then supplied Plasencia with ketamine vials and orally transmitted “lozenges” that were fraudulently obtained under another patient’s prescription, his plea agreement said.

“If today goes well we may have repeat business,” Plasencia texted Chavez less than a month before Perry’s death.

“Let’s do everything we can to make it happen,” Chavez responded, court records show.

Chavez had faced a potential maximum of 10 years in prison, prosecutors said.

Prosecutors argued that Chavez improperly obtained authorization from the Drug Enforcement Administration to prescribe and administer medical ketamine.

Chavez purchased 22 vials of liquid ketamine, ketamine lozenges and other medical supplies from wholesale distributors to provide to Plasencia, who would personally deliver them to Perry, the judge said before her ruling.

During his Dec. 3 sentencing hearing, a federal judge castigated Plasencia for his medical malpractice and for teaching Perry’s personal assistant to administer the drug at the actor’s Pacific Palisades home. Chavez never met with Perry in person, but allowed Plasencia to continue the treatments despite knowing that Plasencia had “little” experience with ketamine treatments, according to his plea agreement.

According to the plea agreement, Chavez called Plasencia on the day of Perry’s death to inquire whether he believed they distributed drugs that may have killed him. Prosecutors said that ketamine was not supplied by the physicians.

Chavez offered a brief apology immediately before his sentencing.

“As a doctor, I’ve had a wonderful opportunity to help people’s lives, but I’ve also had to deal with the tragedies,” Chavez said. “My heart goes out to the Perry family.”

Chavez’s attorney said that he would reside in Mexico with his father after serving his sentence.