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Judge in Epstein case demands more protections of victim privacy

Nov. 27 (UPI) — A federal judge who oversaw the sex trafficking case against Jeffrey Epstein on Wednesday demanded prosecutors explain how they are protecting victims’ privacy after the release of unredacted documents.

New York-based Judge Richard Berman issued the order in response to a letter raising alarm about how the names of some of Epstein’s victims were included in a trove of documents released by Congress earlier this month.

The order comes amid a recent push for more transparency into the investigation of Epstein, a now-deceased financier who had ties to the wealthy and powerful.

However, Bradley Edwards and Brittany Henderson, attorneys representing the victims, wrote in a letter to Berman on Tuesday that transparency cannot “come at the expense of the privacy, safety and protection of sexual abuse and sex-trafficking victims.”

“These women are not political pawns,” the attorneys wrote. “They are mothers, wives and daughters. These are women who were abused by Jeffrey Epstein, and in some instances by others, and who have already had their rights violated in the past by the government.”

The House Oversight Committee has released dozens of documents from the Justice Department and Epstein’s estate that exposed victims’ identities, causing them “significant emotional distress,” they wrote. Victims have already been approached by the press after their names were released, the attorneys wrote.

The attorneys called the situation “absolutely unacceptable and a problem that must be rectified prior to the release of any additional documents.” One victim described being unable to sleep or function after the release.

The Department of Justice unsuccessfully asked Berman to unseal grand jury transcripts and exhibits in Epstein’s case. However, the victims’ attorneys wrote in their letter that the documents reveal little compared to the department’s investigative files.

Earlier this month, Congress passed and President Donald Trump signed a bill directing the DOJ to release files on its investigation into Epstein.

U.S. Attorney Jay Clayton wrote to a separate judge Wednesday that the department “intends to redact or withhold victim information to the fullest extent permitted” by the recently passed law.

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Georgia judge drops 2020 election interference case against Trump

A Georgia judge has dismissed the sprawling 2020 election interference case against Donald Trump, ending the final effort to prosecute the president for allegedly attempting to overturn his loss to Joe Biden.

Peter Skandalakis, who took over the case after the initial prosecutor’s removal, asked Judge Scott McAfee to dismiss the charges on Wednesday.

Trump’s lawyer Steve Sadow praised the decision to end the “political persecution” against the president.

The dismissal concludes the last of Trump’s four criminal cases, only one of which saw trial and resulted in a conviction.

A Georgia appeals court removed Fulton County District Attorney Fani Willis from the case after it determined a romantic relationship with a special prosecutor created an “appearance of impropriety”.

Skandalakis, executive director of the nonpartisan agency Prosecuting Attorneys’ Council of Georgia, appointed himself to the case after Willis’ disqualification and when other state prosecutors declined to take the case.

In Wednesday’s motion to a Fulton County judge, he said he was discontinuing the case “to serve the interests of justice and promote judicial finality”.

“As a former elected official who ran as both a Democrat and a Republican and now is the Executive Director of a non-partisan agency, this decision is not guided by a desire to advance an agenda but is based on my beliefs and understanding of the law,” Skandalakis added.

Around five million votes for president were cast in Georgia in 2020, with Biden winning the critical swing state by just under 12,000 votes.

Trump and some of his allies refused to accept the result, and the state quickly became a focal point for efforts to overturn the election.

In January 2021, The Washington Post published a recording of Trump speaking with Georgia’s Republican Secretary of State Brad Raffensperger.

“I just want to find 11,780 votes, which is one more than we have. Because we won the state,” Trump said in the recording.

Willis began investigating Trump’s activities soon after the report, convening a special grand jury to weigh the facts.

Willis filed an indictment in August 2023 alleging that Trump conspired with 18 other defendants to interfere in the election result. The charges included racketeering and other state offences.

The group “refused to accept that Trump lost, and they knowingly and wilfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump”.

Four co-defendants took plea deals with prosecutors that resulted mostly in fines, suspended sentences and community service, including attorneys Sidney Powell, Kenneth Cheseboro, and Jenna Ellis.

Wednesday’s dismissal also applies to the remaining co-defendants, including former New York mayor and Trump’s former attorney Rudy Giuliani and Mark Meadows, chief of staff during Trump’s first presidency.

Mr Sadow, president Trump’s lead attorney in the case, praised the decision to drop the charges.

“The political persecution of President Trump by disqualified DA Fani Willis is finally over,” he said. “This case should never have been brought. A fair and impartial prosecutor has put an end to this lawfare.”

The Georgia election interference case was once considered the most threatening of Trump’s four criminal indictments, because he could not pardon himself from state-level charges if he returned to office.

Prosecutors brought Trump to the Fulton County Jail, where they took his mugshot.

Legal experts who closely followed the case were not surprised by its dismissal. A judge tossed out several of the charges in 2024, and Willis was disqualified a few months later.

Willis’ removal raised doubts about whether a replacement would take up such a complicated prosecution. Trump’s 2024 election essentially put his case on hold until his term ends in 2029.

“It was incredibly unlikely it was going to go forward anyway, because the amount of financial resources and man hours necessary to take on this case didn’t seem to be within the scope of what Peter Skandalakis had,” said Anthony Michael Kreis, a professor at the Georgia State College of Law.

However, Mr Kries was surprised by some of Skandalakis’ reasoning for dropping the case.

“I think the report itself to me is a little more surprising because it seems to give the president and some of his allies a lot of benefit of the doubt, given what the evidence brought forth looked like,” he said.

Trump has also faced a series of other criminal proceedings.

These include a 2024 conviction in a New York hush-money case, and he is appealing against it.

Two additional federal cases – one alleging he conspired to overturn the 2020 election and another accusing him of unlawfully retaining classified documents – were dropped following his return to the White House.

He also faces several high-profile civil lawsuits which are progressing through the appeals courts.

Earlier this month, Trump asked the US Supreme Court to review the $5m (£3.6m) civil case brought by writer E Jean Carroll, after a federal appeals court upheld the award and declined to rehear the matter. The court said he defamed and sexually abused Ms Carroll, allegations he denies.

In August, a New York appeals court threw out a $500m civil fraud penalty against Trump that resulted from a separate, civil fraud lawsuit brought by New York Attorney General Letitia James.

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Robert Irwin, like sis Bindi, wins ‘DWTS,’ so crocodiles aren’t his only claim to fame

A new “Dancing With the Stars” champion has been crowned. After weeks of themed choreography revolving around TikTok, Disney films and one-hit wonders, the winner of Season 34 is (insert dramatic pause) Robert Irwin and Witney Carson.

Crikey!

Irwin, an Aussie wildlife conservationist and son of the late “Crocodile Hunter,” Steve Irwin, joins sister Bindi as a winner of the Mirrorball trophy. Bindi Irwin won the trophy during Season 21 of “DWTS,” in 2015.

Season 34 came down to social media personalities Alix Earle and Dylan Efron, actor Elaine Hendrix, and gymnast and UCLA senior Jordan Chiles. Tuesday night’s finale consisted of three rounds of dance. First was the judges’ choice round, followed by the instant dance challenge — in which the style of dance and the song are kept secret from performers until just before they take the stage — and then the freestyle round. With Carson, Irwin earned a perfect score in the instant dance portion of the show.

The season’s winner was determined by a combination of the judges’ votes and those from the public.

Irwin, 21, and Carson, 32, scored an aggregated score from the judges of 29 points. Earle finished second, with Chiles coming in third place, followed by Efron and Hendrix.

Ahead of the finale, Carson revealed on her TikTok that both she and Irwin were dealing with injuries.

“We’re kind of falling apart right now,” the pro dancer said. “My body is feeling it right now, Robert’s body is feeling it right now.”

During a clip from their rehearsals shown before his first dance of the night, a quickstep to Jet’s “Are You Gonna Be My Girl,” Irwin said he feared Carson might need to have a Plan B for the challenging choreography.

“If I push any harder, my body is going to break,” he said.

Irwin dealt with rib pain throughout the night. After his instant dance performance, a cha-cha to DNCE’s “Cake by the Ocean,” he acknowledged the toll the competition had taken.

“I catch crocodiles, and a crocodile has never managed to screw up my ribs like that,” he said. “Dancing is hard.”



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Here’s what the path ahead on Comey, James cases may look like

A federal judge’s dismissal of criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, two political foes of President Trump, won’t be the final word on the matter.

The Justice Department says it plans to immediately appeal a pair of rulings that held that Lindsey Halligan was illegally appointed interim U.S. attorney for the Eastern District of Virginia. It also has the ability to try to refile the cases, though whether it can successfully secure fresh indictments through a different prosecutor is unclear, as is whether any new indictments could survive the crush of legal challenges that would invariably follow.

A look at the possible next steps:

What exactly did the rulings say?

At issue is the slapdash way the Trump administration raced to put Halligan in charge of one of the Justice Department’s most elite offices. A White House aide with no prior experience as a federal prosecutor, Halligan was named interim U.S. attorney in September after the veteran prosecutor who held the job, Erik Siebert, was effectively forced out amid Trump administration pressure to charge Comey and James.

U.S. attorneys, top federal prosecutors who oversee regional Justice Department outposts across the country, are typically nominated by the president and confirmed by the Senate, though attorneys general do have the authority to directly appoint interim U.S. attorneys who can serve in the job for 120 days.

But lawyers for Comey and James argued that the law empowers only one such temporary appointment and that, after that, federal judges in the district have say over who fills the vacancy until a Senate-confirmed U.S. attorney can be installed.

Since Halligan replaced an interim U.S. attorney who had already served for more than 120 days, the lawyers said, her appointment was invalid and the indictments she secured must be dismissed as a result.

U.S. District Judge Cameron McGowan Currie overwhelmingly agreed. Currie, an appointee of President Bill Clinton who was assigned to hear the dispute despite serving in South Carolina, not only dismissed the cases but also concluded that Halligan had been serving illegally in her position since the day she was sworn in.

Could the Justice Department appeal?

Yes, and Atty. Gen. Pam Bondi indicated that the department would do exactly that.

Any appeal would first be considered by the Richmond, Va.-based 4th U.S. Circuit Court of Appeals, but theoretically could go all the way up to the Supreme Court and present a fresh constitutional test about the Justice Department’s appointment authority.

Interestingly, Currie implied that her interpretation of the law might be well-received by at least one current conservative member of the Supreme Court.

In a footnote, she cited a 1986 legal memo from Samuel Alito, then a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, that concluded that the Justice Department could not make another temporary appointment after a first 120-day period expired.

Can the cases be filed again?

Since the cases were dismissed “without prejudice,” the Justice Department is clearly able to seek a new indictment against James using a different prosecutor with lawful authority to present to the grand jury.

The question, however, is much trickier in Comey’s case. It’s complicated by the fact that the five-year statute of limitations — or the limited time in which charges can be filed — expired at the end of the September, just days after Halligan raced to present to the grand jury.

Federal law allows prosecutors to return a new indictment within six months of dismissal even after the statute of limitations has passed. But Comey’s lawyers said they will argue the judge’s ruling makes the indictment “void,” and therefore “the statute of limitations has run and there can be no further indictment.”

The judge noted in her ruling that the deadline had passed and suggested that the statute of limitations is not tolled — or paused — in the case of an “invalid indictment.” Quoting from an earlier ruling, the judge wrote that “if the earlier indictment is void, there is no legitimate peg on which” to extend the deadline.

Regardless, the Justice Department in either case would have to convince a new grand jury to return new indictments, and that may be harder given the intense publicity around the cases. Widespread media coverage of the allegations and the defense claims of improper conduct by prosecutors could make it more difficult to find grand jurors who can view the cases impartially.

What happens to the other challenges to the indictments?

For now, those arguments are all moot as the Justice Department labors to salvage the indictments.

But in the event prosecutors do succeed in getting new indictments, they’ll likely have to fend off some of the same challenges that Comey and James had already raised and that remain pending as of Monday’s rulings.

Comey is charged with lying to Congress about whether he authorized an associate to serve as an anonymous source for the news media. James was charged with bank fraud and making false statements to a financial institution in connection with a home purchase in Norfolk, Va., in 2020.

Both have pleaded not guilty and had urged judges to throw out their indictments on grounds that the prosecutions were illegally vindictive and emblematic of a Justice Department that’s been weaponized to pursue the president’s adversaries. Those arguments would presumably be revived in the event of any new indictments.

Comey, for his part, has challenged a series of irregularities in Halligan’s presentation to the grand jury after a different judge who reviewed a record of the proceedings said he had identified a series of flaws — including the fact that the prosecutor apparently suggested to the panel that Comey did not have a Fifth Amendment right to not testify at trial.

He has also said that the testimony he gave to the Senate Judiciary Committee that underpins his criminal case was truthful and that, in any event, the question he was responding to was so vague and ambiguous as to make a false statement prosecution a legal impossibility.

Tucker and Richer write for the Associated Press.

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In Texas case, it’s politics vs. race at the Supreme Court

The Texas redistricting case now before the Supreme Court turns on a question that often divides judges: Were the voting districts drawn based on politics, or race?

The answer, likely to come in a few days, could shift five congressional seats and tip political control of the House of Representatives after next year’s midterm elections.

Justice Samuel A. Alito, who oversees appeals from Texas, put a temporary hold on a judicial ruling that branded the newly drawn Texas voting map a “racial gerrymander.”

The state’s lawyers asked for a decision by Monday, noting that candidates have a Dec. 8 deadline to file for election.

They said the judges violated the so-called Purcell principle by making major changes in the election map “midway through the candidate filing period,” and that alone calls for blocking it.

Texas Republicans have reason to be confident the court’s conservative majority will side with them.

“We start with a presumption that the legislature acted in good faith,” Alito wrote for a 6-3 majority last year in a South Carolina case.

That state’s Republican lawmakers had moved tens of thousands of Black voters in or out of newly drawn congressional districts and said they did so not because of their race but because they were likely to vote as Democrats.

In 2019, the conservatives upheld partisan gerrymandering by a 5-4 vote, ruling that drawing election districts is a “political question” left to states and their lawmakers, not judges.

All the justices — conservative and liberal — say drawing districts based on the race of the voters violates the Constitution and its ban on racial discrimination. But the conservatives say it’s hard to separate race from politics.

They also looked poised to restrict the reach of the Voting Rights Act in a pending case from Louisiana.

For decades, the civil rights law has sometimes required states to draw one or more districts that would give Black or Latino voters a fair chance to “elect representatives of their choice.”

The Trump administration joined in support of Louisiana’s Republicans in October and claimed the voting rights law has been “deployed as a form of electoral race-based affirmative action” that should be ended.

If so, election law experts warned that Republican-led states across the South could erase the districts of more than a dozen Black Democrats who serve in Congress.

The Texas mid-decade redistricting case did not look to trigger a major legal clash because the partisan motives were so obvious.

In July, President Trump called for Texas Republicans to redraw the state map of 38 congressional districts in order to flip five seats to oust Democrats and replace them with Republicans.

At stake was control of the closely divided House after the 2026 midterm elections.

Gov. Greg Abbott agreed, and by the end of August, he signed into law a map with redrawn districts in and around Houston, Dallas, Fort Worth and San Antonio.

But last week federal judges, in a 2-1 decision, blocked the new map from taking effect, ruling that it appeared to be unconstitutional.

“The public perception of this case is that it’s about politics,” wrote U.S. District Judge Jeffrey V. Brown in the opening of a 160-page opinion. “To be sure, politics played a role” but “substantial evidence shows that Texas racially gerrymandered the 2025 map.”

He said the strongest evidence came from Harmeet Dhillon, the Trump administration’s top civil rights lawyer at the Justice Department. She had sent Abbott a letter on July 7 threatening legal action if the state did not dismantle four “coalition districts.”

This term, which was unfamiliar to many, referred to districts where no racial or ethnic group had a majority. In one Houston district that was targeted, 45% of the eligible voters were Black and 25% were Latino. In a nearby district, 38% of voters were Black and 30% were Latino.

She said the Trump administration views these as “unconstitutional racial gerrymanders,” citing a recent ruling by the conservative 5th Circuit Court.

The Texas governor then cited these “constitutional concerns raised by the U.S. Department of Justice” when he called for the special session of the Legislature to redraw the state map.

Voting rights advocates saw a violation.

“They said their aim was to get rid of the coalition districts. And to do so, they had to draw new districts along racial lines,” said Chad Dunn, a Texas attorney and legal director of UCLA’s Voting Rights Project.

Brown, a Trump appointee from Galveston, wrote that Dhillon was “clearly wrong” in believing these coalition districts were unconstitutional, and he said the state was wrong to rely on her advice as basis for redrawing its election map.

He was joined by a second district judge in putting the new map on hold and requiring the state to use the 2021 map that had been drawn by the same Texas Republicans.

The third judge on the panel was Jerry Smith, a Reagan appointee on the 5th Circuit Court, and he issued an angry 104-page dissent. Much of it was devoted to attacking Brown and liberals such as 95-year-old investor and philanthropist George Soros and California Gov. Gavin Newsom.

“In 37 years as a federal judge, I’ve served on hundreds of three-judge panels. This is the most blatant exercise of judicial activism that I have ever witnessed,” Smith wrote. “The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom. The obvious losers are the People of Texas.”

The “obvious reason for the 2025 redistricting, of course, is partisan gain,” Smith wrote, adding that “Judge Brown commits grave error in concluding that the Texas Legislature is more bigoted than political.”

Most federal cases go before a district judge, and they may be appealed first to a U.S. appeals court and then the Supreme Court.
Election-related cases are different. A three-judge panel weighs the facts and issues a ruling, which then goes directly to the Supreme Court to be affirmed or reversed.

Late Friday, Texas attorneys filed an emergency appeal and asked the justices to put on hold the decision by Brown.

The first paragraph of their 40-page appeal noted that Texas is not alone in pursuing a political advantage by redrawing its election maps.

“California is working to add more Democratic seats to its congressional delegation to offset the new Texas districts, despite Democrats already controlling 43 out of 52 of California’s congressional seats,” they said.

They argued that the “last-minute disruption to state election procedures — and resulting candidate and voter confusion —demonstrates” the need to block the lower court ruling.

Election law experts question that claim. “This is a problem of Texas’ own making,” said Justin Levitt, a professor at Loyola Law School in Los Angeles.

The state opted for a fast-track, mid-decade redistricting at the behest of Trump.

On Monday, Dunn, the Texas voting rights attorney, responded to the state’s appeal and told the justices they should deny it.

“The election is over a year away. No one will be confused by using the map that has governed Texas’ congressional elections for the past four years,” he said.

“The governor of Texas called a special session to dismantle districts on account of their racial composition,” he said, and the judges heard clear and detailed evidence that lawmakers did just that.

In recent election disputes, however, the court’s conservatives have frequently invoked the Purcell principle to free states from new judicial rulings that came too close to the election.

Granting a stay would allow Texas to use its new GOP friendly map for the 2026 election.

The justices may then choose to hear arguments on the legal questions early next year.

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Judge temporarily blocks OpenAI from using ‘Cameo’ in video-making app Sora

A federal judge has temporarily blocked OpenAI’s use of several monikers, including “Cameos” and “CameoVideo,” for elements of its Sora artificial intelligence video generation products and marketing.

U.S. District Judge Eumi K. Lee on Friday issued a temporary restraining order to prevent the San Francisco AI giant from using names that are part of an ongoing trademark dispute.

The Northern California judge also set a Dec. 19 hearing to delve further into the matter.

The lawsuit was brought late last month by Chicago-based tech business Baron App, which also goes by the name of its product, Cameo. The eight-year-old firm sued OpenAI, alleging trademark infringement and unfair competition.

In its Oct. 28 lawsuit, Baron said it has secured several U.S. Trademark Registrations for its Cameo product, which enables fans to engage celebrities to make personalized videos to wish friends a happy birthday or other greetings.

Snoop Dogg, Tony Hawk, Jon Bon Jovi and Donald Trump Jr. are among celebrities who have participated, connecting with fans through Cameo, the company said in its complaint against Open AI. Cameo said its posts have been popular, attracting more than 100 million views in the past year.

The legal dispute began after OpenAI announced an update to its text-to-video tool Sora in September. The update included the launch of a new Sora feature that it called Cameos.

OpenAI’s fall product update gave consumers on the Sora app the ability to scan their faces and allow others to manipulate their facial images in AI-generated environments. YouTube influencer and boxer Jake Paul, who is an investor in OpenAI, participated in OpenAI’s Cameos’ rollout. In less than five days, the Sora app hit more than 1 million downloads.

“OpenAI is now using Cameo’s own mark, CAMEO, to compete directly with Cameo,” Baron wrote in its lawsuit against OpenAI.

Lawyers for the two companies argued their positions in a Tuesday hearing.

Lee’s decision forbids OpenAI and its “officers, directors and employees from using the mark ‘Cameo,’ or any other mark that includes or is confusingly similar to ‘Cameo,’ ” according to her order. “Defendants are ordered to show cause why a preliminary injunction should not [be] issue[d].”

The temporary restraining order expires Dec. 22.

“While the court’s order is temporary, we hope that OpenAI will agree to stop using our mark permanently to avoid any further harm to the public or Cameo,” Cameo CEO Steven Galanis said in a Saturday statement. “We would like nothing more than to put this behind us so that we can focus our full attention on bringing talent and fans together as we head into the holidays.”

An OpenAI spokesperson responded in a statement: “We disagree with the complaint’s assertion that anyone can claim exclusive ownership over the word ‘cameo’, and we look forward to continuing to make our case to the court.”

The move comes as OpenAI has faced blowback in Hollywood as images of celebrities and dead newsmakers were manipulated without their consent.

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Abortion is illegal again in North Dakota, state Supreme Court rules

Abortion is again illegal in North Dakota after the state’s Supreme Court on Friday couldn’t muster the required majority to uphold a judge’s ruling that struck down the state’s ban last year.

The law makes it a felony crime for anyone to perform an abortion, though it specifically protects patients from prosecution. Doctors could be prosecuted and penalized by as much as five years in prison and a $10,000 fine.

Three justices agreed that the ban is unconstitutionally vague. The other two justices said the law is not unconstitutional.

The North Dakota Constitution requires at least four of the five justices to agree for a law to be found unconstitutional, a high bar. Not enough members of the court joined together to affirm the lower court ruling.

In his opinion, Justice Jerod Tufte said the natural rights guaranteed by the state constitution in 1889 do not extend to abortion rights. He also said the law “provides adequate and fair warning to those attempting to comply.”

North Dakota Republican Atty. Gen. Drew Wrigley welcomed the ruling, saying, “The Supreme Court has upheld this important pro-life legislation, enacted by the people’s Legislature. The attorney general’s office has the solemn responsibility of defending the laws of North Dakota, and today those laws have been upheld.”

Republican state Sen. Janne Myrdal, who introduced the 2023 legislation that became the law banning abortion, said she was “thrilled and grateful that two justices that are highly respected saw the truth of the matter, that this is fully constitutional for the mother and for the unborn child and thereafter for that sake.”

The challengers called the decision “a devastating loss for pregnant North Dakotans.”

“As a majority of the Court found, this cruel and confusing ban is incomprehensible to physicians. The ban forces doctors to choose between providing care and going to prison,” Center for Reproductive Rights senior staff attorney Meetra Mehdizadeh said. “Abortion is healthcare, and North Dakotans deserve to be able to access this care without delay caused by confusion about what the law allows.”

The ruling means access to abortion in North Dakota will be outlawed. Even after a judge had struck down the ban last year, the only scenarios for a patient to obtain an abortion in North Dakota had been for life- or health-preserving reasons in a hospital.

The state’s only abortion provider relocated in 2022 from Fargo to nearby Moorhead, Minn.

Justice Daniel Crothers, one of the three judges to vote against the ban, wrote that the district court decision wasn’t wrong.

“The vagueness in the law relates to when an abortion can be performed to preserve the life and health of the mother,” Crothers wrote. “After striking this invalid provision, the remaining portions of the law would be inoperable.”

North Dakota’s newly confirmed ban prohibits the performance of an abortion and declares it a felony. The only exceptions are for rape or incest for an abortion in the first six weeks of pregnancy — before many women know they are pregnant — and to prevent the woman’s death or a “serious health risk” to her.

North Dakota joins 12 other states enforcing bans on abortion at all stages of pregnancy. Four others bar it at or around six weeks of gestational age.

Judge Bruce Romanick had struck down the ban the GOP-led Legislature passed in 2023, less than a year after the U.S. Supreme Court overturned Roe vs. Wade and opened the door to the state-level bans, largely turning the abortion battle to state courts and legislatures.

The Red River Women’s Clinic — the formerly sole abortion clinic in North Dakota — and several physicians challenged the law. The state appealed the 2024 ruling that overturned the ban.

The judge and the Supreme Court each denied requests by the state to keep the abortion ban in effect during the appeal. Those decisions allowed patients with pregnancy complications to seek care without fear of delay because of the law, Mehdizadeh previously said.

Dura writes for the Associated Press.

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US judge orders end to Trump’s deployment of troops in Washington, DC | Donald Trump News

US president’s controversial deployment of soldiers to US cities has raised alarm and a series of legal challenges.

A United States federal judge has said the Trump administration must pause its deployment of National Guard troops to Washington, DC, a setback for the president’s push to send the military into cities across the country.

US District Judge Jia Cobb temporarily suspended the deployment in a ruling on Thursday, responding to a lawsuit filed by city officials who said Trump had usurped policing powers and was using the military for domestic law enforcement.

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The federal government has unique powers in Washington, DC. But the Trump administration has taken the controversial step to deploy soldiers in a growing list of Democrat-led cities, despite frequent protests from state and local officials and a lack of any emergency conditions.

Cobb, who said in her decision that the president cannot deploy soldiers for “whatever reason” he wants, gave the Trump administration 21 days to appeal the order before it goes into effect.

Lawyers for the government slammed the lawsuit that challenged the military deployment as a “frivolous stunt”.

“There is no sensible reason for an injunction unwinding this arrangement now, particularly since the District’s claims have no merit,” Department of Justice lawyers wrote.

Trump has also deployed troops to cities such as Los Angeles, California; Portland, Oregon; and Chicago, Illinois, in what he depicts as an effort to tackle crime and round up undocumented immigrants.

Residents and civil liberties groups have documented aggressive raids and what they say are widespread rights violations and racial profiling by federal agents during those crackdowns, in which US citizens have sometimes been swept up.

Trump has threatened to imprison local and state officials who criticise his deployment of the military.

A legal challenge filed in September by Washington, DC Attorney General Brian Schwalb said that US democracy would “never be the same if these occupations are permitted to stand”.

Trump ordered the first deployment in August, involving about 2,300 National Guard members from various states and hundreds of federal agents from various agencies.

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U.S. judge: Trump lacks authority to send National Guard troops to D.C.

Nov. 20 (UPI) — A federal judge ruled Thursday that President Donald Trump‘s deployment of 2,000 National Guard soldiers to Washington was illegal, saying the president lacks the authority to dispatch troops “for the deterrence of crime.”

U.S. District Judge Jia Cobb said that while Trump is the commander in chief, federal laws constrain his power to federalize and deploy those troops, particularly in Washington, which Congress controls.

“The Court rejects the Defendant’s fly-by assertion of constitutional power, finding that such a broad reading of the President’s Article II authority would erase Congress’ role in governing the District and its National Guard,” Cobb wrote in her 61-page ruling.

Cobb also said that Trump also lacked authority to deploy out-of-state National Guard troops to Washington to assist in law enforcement.

Cobb’s ruling will not take effect until Dec. 11, giving the Trump administration time to appeal. The Supreme Court is on the verge of issuing its own ruling on the deployment of National Guard troops to Chicago. Federal appeals courts are also considering National Guard troop deployments to Portland, Ore., and Los Angeles.

Trump has justified his troop deployments by claiming, without evidence, that large-scale violence and chaos demands the presence of national troops to protect federal functions. State and local leaders, as well as municipal law enforcement officers, have said they don’t need federal help to protect their cities.

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Another judge rejects ex-sheriff’s lawsuit over ‘do not rehire’ label

A state judge has thrown out a lawsuit filed by former Los Angeles County Sheriff Alex Villanueva that alleged the county defamed him, violated his rights and unfairly flagged his personnel file with a “do not rehire” tag.

In a 26-page order, Superior Court Judge Gary D. Roberts on Wednesday granted a request by the county to reject the lawsuit under California’s Anti-SLAPP law, writing that Villanueva’s claims lack “minimal merit.”

The case’s dismissal is “a major victory,” according to Jason Tokoro, an attorney for the county.

“We are pleased that the Court agreed with the County that former Sheriff Alex Villanueva’s claims are barred by California’s anti-SLAPP statute and had no merit,” he wrote in an emailed statement Thursday. “The County can now close this chapter.”

The decision marks the third time a court has dismissed Villanueva’s assertions that the county had treated him unfairly and caused him to suffer “humiliation, severe emotional distress, mental and physical pain and anguish, and compensatory damages.”

The complaint in Villanueva’s lawsuit filed in June said it was an “attempt to clear his name, vindicate his reputation, and be made whole for the emotional distress defendants’ actions have caused him.”

Villanueva previously tried to sue in federal court. In September 2024, a judge in the Central District of California rejected the former sheriff’s $25-million federal lawsuit over the allegations, then did so again in May after Villanueva refiled the case.

Villanueva did not immediately respond to a request for comment on Thursday. The Sheriff’s Department declined to comment.

The dispute began after Inspector General Max Hunstman claimed in 2022 that Villanueva engaged in a “racially based attack” by insisting on calling Huntsman by the name he was given at birth, Max-Gustaf. Villanueva also described Huntsman as a Holocaust denier, an allegation for which he did not provide any evidence and which the inspector general has denied.

The county investigated Huntsman’s allegation and slapped the former sheriff with the “do not rehire” label. Each year, a county panel recommends dozens of government employees be disciplined for a wide range of unethical behavior ranging from theft to privacy violations by adding “do not hire” or other restrictions to their personnel files.

In his state lawsuit, Villanueva argued it was unfair for him to be subject to a “do not hire” designation while multiple public officials who had engaged in illegal conduct avoided the tag. Villanueva has maintained that he never discriminated against or harassed anyone.

“The unprecedented decision by the Board to place Villanueva on a ‘Do Not Hire’ was the result of a defamatory charge of discrimination and harassment,” the former sheriff wrote in the June complaint.

Around the same time Huntsman made his allegation, Esther Lim, then-justice deputy for county Supervisor Hilda Solis, made a complaint alleging that Villanueva had a pattern of harassing women of color during livestreams on social media. The allegation also prompted an investigation and a “do not hire” tag, which Villanueva has disputed.

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Judge to proceed with contempt probe after U.S. flew migrants to El Salvador prison

A federal judge said Wednesday he plans to move ahead quickly on a contempt investigation of the Trump administration for failing to turn around planes carrying Venezuelan migrants to El Salvador in March.

U.S. District Judge James Boasberg in Washington said a ruling Friday by the U.S. Court of Appeals for the District of Columbia Circuit gave him the authority to proceed with the inquiry, which will determine whether there is sufficient evidence to refer the matter for prosecution. He asked attorneys to identify witnesses and offer plans for how to conduct the probe by Monday and said he’d like to start any hearings on Dec. 1.

The judge has previously warned he could seek to have officials in the administration prosecuted.

On March 15, Boasberg ordered the aircraft carrying accused gang members to return to the U.S., but they landed instead in El Salvador, where the migrants were held at a notorious prison.

“I am authorized to proceed just as I intended to do in April seven months ago,” the judge said during a hearing Wednesday. He added later, “I certainly intend to find out what happened on that day.”

Boasberg said having witnesses testify under oath appeared to be the best way to conduct the contempt probe, but he also suggested the government could provide written declarations to explain who gave orders to “defy” his ruling. He suggested one witness: a former U.S. Justice Department attorney who filed a whistleblower complaint that claims a top official in the department suggested the Trump administration might have to ignore court orders as it prepared to deport Venezuelan migrants it accused of being gang members.

The Trump administration has denied any violation, saying the judge’s directive to return the planes was made verbally in court but not included in his written order. Justice Department attorney Tiberius Davis told Boasberg the government objected to further contempt proceedings.

Boasberg previously found probable cause to hold the Trump administration in criminal contempt of court. The ruling marked a dramatic battle between the judicial and executive branches of government, but a divided three-judge appeals court panel later sided with the administration and threw out the finding. The two judges in the majority were appointed by President Trump.

On Friday, a larger panel of judges on the D.C. Circuit said the earlier ruling by their colleagues did not bar Boasberg from moving ahead with his contempt probe. Boasberg’s contempt finding was a “measured and essential response,” Judges Cornelia Pillard, Robert Wilkins and Bradley Garcia wrote.

“Obedience to court orders is vital to the ability of the judiciary to fulfill its constitutionally appointed role,” they wrote. “Judicial orders are not suggestions; they are binding commands that the Executive Branch, no less than any other party, must obey.”

The Trump administration invoked an 18th-century wartime law to send the migrants, whom it accused of membership in a Venezuelan gang, to a mega-prison in El Salvador known as the Terrorism Confinement Center, or CECOT. It argued that American courts could not order them freed.

In June, Boasberg ruled the Trump administration must give some of the migrants a chance to challenge their deportations, saying they hadn’t been able to formally contest the removals or allegations that they were members of Tren de Aragua.

The judge wrote that “significant evidence” had surfaced indicating that many of the migrants were not connected to the gang “and thus were languishing in a foreign prison on flimsy, even frivolous, accusations.”

More than 200 migrants were later released back to Venezuela in a prisoner swap with the U.S.

Their attorneys want Boasberg to issue another order requiring the administration to explain how it will give at least 137 of the men a chance to challenge their gang designation under the Alien Enemies Act.

The men are in danger in Venezuela and fear talking to attorneys, who have been able to contact about 30 of them, but they “overwhelmingly” want to pursue their cases, Lee Gelernt, an attorney with the American Civil Liberties Union, said Wednesday.

Davis said it may be hard to take the men into custody again given tensions between the U.S. and the government of Venezuelan President Nicolas Maduro.

Boasberg did not immediately rule on the matter.

Thanawala writes for the Associated Press.

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Vin Diesel sexual battery lawsuit dismissed on technicality

Vin Diesel will not face further litigation in Los Angeles in the sexual battery lawsuit a former assistant filed against the “Fast & Furious” star two years ago.

An L.A. County Superior Court judge on Wednesday dismissed the complaint from Diesel’s accuser, Asta Jonasson, citing a technicality.

Jonasson said in her lawsuit, filed in December 2023, that she served as Diesel’s assistant in 2010 during the filming of “Fast Five” in Atlanta and alleged the actor sexually assaulted her in a hotel room.

Her lawsuit raised 10 claims, including sexual battery, retaliation and multiple violations of California’s Fair Employment and Housing Act. The complaint also sought action against Diesel’s One Race Films production company and its president, Samantha Vincent, Diesel’s sister.

Judge Daniel M. Crowley called Jonasson’s argument “untenable” and in conflict with the intention of the state’s legal code in his dismissal document. Also, since the sexual assault is alleged to have happened in Georgia, the judge said California was not the right jurisdiction in which to file the complaint.

Crowley said that California law could not be “applied to any of Plaintiff’s claims.”

The case was set to go to trial in February prior to Wednesday’s decision. Jonasson’s attorney Matthew T. Hale said in a statement Wednesday that “the Court did not decide anything about the truth of Ms. Jonasson’s allegations.”

“The ruling was based on a legal technicality,” Hale said. “We disagree with the ruling, and we are assessing next steps.”

A legal representative for Diesel did not immediately respond to a request for comment on Wednesday.

In her complaint, Jonasson alleged Diesel groped her, pinned her to a wall and put her hand on his genitals without her consent during the hotel room encounter. The 58-year-old actor, through attorney Bryan Freedman, denied the allegations shortly after Jonasson filed her complaint.

“This is the first he has ever heard about this more than 13-year-old claim made by a purportedly nine-day employee,” Freedman said. “There is clear evidence which completely refutes these outlandish allegations.”

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Texas judge orders schools to remove Ten Commandments poster

Nov. 19 (UPI) — A federal judge in Texas has ordered state schools to take down displayed posters of the Ten Commandments in supposed violation of the U.S. Constitution.

Republican Texas Attorney General Ken Paxton directed schools across the Lone Star State to display the Ten Commandments less than a week after a federal court ruled in favor of 11 school districts that fought against the religious exhibition in classrooms.

On Tuesday, federal Judge Orlando L. Garcia issued a preliminary injunction that instructed the state’s districts to remove the display in violation of the Constitution’s Establishment Clause in the First Amendment.

“It is impractical, if not impossible, to prevent plaintiffs from being subjected to unwelcome religious displays without enjoining defendants from enforcing Senate Bill 10 across their districts,” he wrote.

Garcia’s order was effective December 1.

The case was brought on by 15 families of a multi-faith and nonreligious background.

“All Texas public school districts should heed the court’s clear warning: it’s plainly unconstitutional to display the Ten Commandments in classrooms,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State.

It’s now the second time a court has ruled against the law signed into law in June by Texas Gov. Gregg Abbott, a Republican.

“Families throughout Texas and across the country get to decide how and when their children engage with religion — not politicians or public-school officials,” Laser continued.

Paxton has sued three school districts for refusing.

A legal representative for the American Civil Liberties Union in Texas said Garcia’s ruling was further affirmation of what’s already accepted legal truth: “the First Amendment guarantees families and faith communities — not the government — the right to instill religious beliefs in our children.”

Similar laws were struck down in Arkansas and Louisiana, which became the first state to pass the mandate in summer 2024.

Legal experts suggest the issue will eventually make its way to the U.S. Supreme Court.

In 2015, a Ten Commandment monument was ordered by the state’s Supreme Court to be removed from the Oklahoma State Capitol grounds, arguing that Oklahoma’s constitution banned the use of public property for “the benefit of any religious purpose.”

“Our schools are for education, not evangelization,” Chloe Kempf, a staff attorney for the Texas ACLU, added in a statement. “This ruling protects thousands of Texas students from ostracization, bullying and state-mandated religious coercion.”

Every school district in Texas, she added, was “now on notice that implementing S.B. 10 violates their students’ constitutional rights.”

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Judge rules Meta can keep WhatsApp, Instagram in antitrust trial

Nov. 18 (UPI) — Facebook owner Meta can keep the WhatsApp mobile messaging app and the Instagram social media site in a federal trial first brought by the Federal Trade Commission in 2020.

Washington D.C.-based Judge James Boasberg ruled Tuesday that the FTC did not prove its claim that Meta has maintained a monopoly on social media platforms, CNBC reported.

“Whether or not Meta enjoyed monopoly power in the past, though, the agency must show that it continues to hold such power now,” Boasberg wrote.

“The court’s verdict today determines that the FTC has not done so,” he added.

Meta officials said in a statement to NPR that Boasberg’s ruling affirms that social media remains competitive.

Boasberg in 2021 dismissed the case citing a lack of evidence that Facebook held “market power” over social media.

The FTC amended and refiled its complaint in August 2021, providing more detail on user data and comparisons to competitors, including Snapchat, the discontinued Google+ social network and Myspace.

The FTC also argued Meta engaged in a “buy or bury” strategy to monopolize social media when it paid more than market value to buy Instagram in 2012 and when it bought WhatsApp in 2014, according to NPR.

The only way to resolve the alleged monopoly was to require Meta to spin off Instagram and WhatsApp as independent companies, the FTC argued.

The social media marketplace has changed greatly over the past five years since the federal agency first accused Meta of monopolizing social media, Boasberg wrote.

“While it once might have made sense to partition apps into separate markets of social networking and social media, that wall has since broken down,” Boasberg wrote.

He cited the rise of TikTok and called it “Meta’s fiercest rival,” which he called evidence of a competitive social media marketplace.

During the trial that concluded in May, Meta’s legal team argued it faced plenty of competition and only bought WhatsApp and Instagram because they are quality products that were easier to buy instead of replicating.

During the trial, Meta CEO Mark Zuckerberg testified that buying Instagram was easier than creating a new product that would compete with it.

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Judge scolds Justice Department for ‘profound investigative missteps’ in Comey case

The Justice Department engaged in a “disturbing pattern of profound investigative missteps” in the process of securing an indictment against former FBI Director James Comey, a federal judge ruled Monday in directing prosecutors to provide defense lawyers with all grand jury materials from the case.

Those problems, wrote Magistrate Judge William Fitzpatrick, include “fundamental misstatements of the law” by a prosecutor to the grand jury that indicted Comey in September, the use of potentially privileged communications during the investigation and unexplained irregularities in the transcript of the grand jury proceedings.

“The Court recognizes that the relief sought by the defense is rarely granted,” Fitzpatrick wrote “However, the record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.”

The 24-page opinion is the most blistering assessment yet by a judge of the Justice Department’s actions leading up to the Comey indictment. It underscores how procedural missteps and prosecutorial inexperience have combined to imperil the prosecution pushed by President Trump for reasons separate and apart from the substance of the disputed allegations against Comey.

The Comey case and a separate prosecution of New York Atty, Gen. Letitia James have heightened concerns that the Justice Department is being weaponized in pursuit of Trump’s political opponents. Both defendants have filed multiple motions to dismiss the cases against them before trial, arguing that the prosecutions are improperly vindictive and that the prosecutor who filed the charges, Lindsey Halligan, was illegally appointed.

A different judge is set to decide by Thanksgiving on the challenges by Comey and James to Halligan’s appointment.

Though grand jury proceedings are presumptively secret, Comey’s lawyers had sought records from the process out of concern that irregularities may have tainted the case. The sole prosecutor who defense lawyers say presented the case to the grand jury was Halligan, a former White House aide with no prior prosecutorial experience who was appointed just days before the indictment to the job of interim U.S. attorney for the Eastern District of Virginia.

In his order Monday, Fitzpatrick said that after reviewing the grand jury transcript himself, he had come away deeply concerned about the integrity of the case.

“Here, the procedural and substantive irregularities that occurred before the grand jury, and the manner in which evidence presented to the grand jury was collected and used, may rise to the level of government misconduct resulting in prejudice to Mr. Comey,” Fitzpatrick said.

The Justice Department responded to the ruling by asking that it be put on hold to give prosecutors time to file objections. The government said it believed Fitzpatrick “may have misinterpreted” some facts in issuing his ruling.

Fitzpatrick listed, among nearly a dozen irregularities in his ruling, two comments that a prosecutor — presumably, Halligan — made to the grand jury that he said represented “fundamental misstatements of the law.”

The actual statements are blacked out, but Fitzpatrick said the prosecutor seems to have ignored the fact that a grand jury may not draw a negative inference about a person who exercises his right not to testify in front of it. He said she also appeared to suggest to grand jurors that they did not need to rely only on what was presented to them and could instead be assured that there was additional evidence that would be presented at trial.

The judge also drew attention to the jumbled manner in which the indictment was obtained and indicated that a transcript and recording of the proceedings do not provide a full account of what occurred. Halligan initially sought a three-count indictment of Comey, but after the grand jury rejected one of the three proposed counts and found probable cause to indict on the other two counts, a second two-count indictment was prepared and signed.

But Fitzpatrick said it was not clear to him in reviewing the record that the indictment that Halligan presented in court at the conclusion of the process had been presented to the grand jury for its deliberation.

“Either way, this unusual series of events, still not fully explained by the prosecutor’s declaration, calls into question the presumption of regularity generally associated with grand jury proceedings, and provides another genuine issue the defense may raise to challenge the manner in which the government obtained the indictment,” he wrote.

The two-count indictment charges Comey with lying to Congress in September 2020 when he suggested under questioning that he had not authorized FBI leaks of information to the news media. His lawyers say the question he was responding to was vague and confusing but the answer he gave to the Senate Judiciary Committee was true.

The line of questioning from Sen. Ted Cruz appeared to focus on whether Comey had authorized his former deputy director, Andrew McCabe, to speak with the news media. But since the indictment, prosecutors have made clear that their indictment centers on allegations that Comey permitted a separate person — a close friend and Columbia University law professor, Dan Richman — to serve as an anonymous source in interactions with reporters.

The FBI executed search warrants in 2019 and 2020 to access messages between Richman and Comey as part of a media leaks investigation that did not result in charges. But Fitzpatrick said he was concerned that communications between the men that might have been protected by attorney-client privilege — Richman was at one point functioning as a lawyer for Comey — were exposed to the grand jury without Comey having had an opportunity to object.

Tucker writes for the Associated Press.

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‘Disturbing pattern’: US judge rebukes ‘missteps’ in James Comey indictment | Donald Trump News

A magistrate judge in the United States has issued a stern rebuke to the administration of President Donald Trump, criticising its handling of the indictment against a former director of the Federal Bureau of Investigation (FBI), James Comey.

On Monday, Judge William Fitzpatrick of Alexandria, Virginia, made the unusual decision to order the release of all grand jury materials related to the indictment.

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Normally, grand jury materials are kept secret to protect witnesses, defendants and jurors in cases of grave federal crimes.

But in Comey’s case, Fitzpatrick ruled there was “a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law”, and that greater transparency was therefore required.

He cited several irregularities in the case, ranging from how evidence was obtained to alleged misstatements from prosecutors that could have swayed the grand jury.

“The procedural and substantive irregularities that occurred before the grand jury, and the manner in which evidence presented to the grand jury was collected and used, may rise to the level of government misconduct,” Fitzpatrick wrote in his 24-page decision.

Fitzpatrick clarified that his decision does not render the grand jury materials public. But they will be provided to Comey’s defence team, as the former FBI director seeks to have the indictment tossed.

“The Court recognizes that the relief sought by the defense is rarely granted,” Fitzpatrick wrote, underscoring the unusual nature of the proceedings.

“However, the record points to a disturbing pattern of profound investigative missteps.”

Scrutiny of US Attorney Halligan

The decision is the latest stumble for interim US Attorney Lindsey Halligan, a former personal lawyer to Trump whom he then appointed as a top federal prosecutor.

A specialist in insurance law with no prosecutorial background, Halligan was tapped earlier this year to replace acting US Attorney Erik Siebert in the Eastern District of Virginia.

Trump has indicated he fired Siebert over disagreements about Justice Department investigations.

According to media reports, Siebert had refrained from seeking indictments against prominent Trump critics, such as Comey and New York Attorney General Letitia James, citing insufficient evidence.

But that appears to have frustrated the president. Trump went so far as to call for Comey’s and James’s prosecutions on social media, as well as that of Democratic Senator Adam Schiff.

“They’re all guilty as hell, but nothing is going to be done,” Trump wrote in a post addressed to Attorney General Pam Bondi. “We can’t delay any longer, it’s killing our reputation and credibility.”

Halligan took up her post as acting US attorney on September 22. By September 25, she had filed her first major indictment, against Comey.

It charged Comey with making a “false, fictitious, and fraudulent statement” to the US Senate, thereby obstructing a congressional inquiry.

A second indictment, against James, was issued on October 9. And a third came on October 16, targeting former national security adviser John Bolton, another prominent Trump critic.

All three individuals have denied wrongdoing and have sought to have their cases dismissed. Each has also accused President Trump of using the legal system for political retribution against perceived adversaries.

Monday’s court ruling is not the first time Halligan’s indictments have come under scrutiny, though.

Just last week, US District Judge Cameron McGowan Currie heard petitions from James and Comey questioning whether Halligan’s appointment as US attorney was legal.

As she weighed the petitions last Thursday, she questioned why there was a gap in the grand jury record for Comey’s indictment, where no court reporter appeared to be present.

Inside Fitzpatrick’s ruling

Fitzpatrick raised the same issue in his ruling on Monday. He questioned whether the transcript and audio recording of the grand jury deliberations were, in fact, complete.

He pointed out that the grand jury in Comey’s case was originally presented with a three-count indictment, which it rejected. Those deliberations started at about 4:28pm local time.

But by 6:40pm, the grand jury had allegedly weighed a second indictment and found that there was probable cause for two of the three counts.

Fitzpatrick said that the span of time between those two points was not “sufficient” to “draft the second indictment, sign the second indictment, present it to the grand jury, provide legal instructions to the grand jury, and give them an opportunity to deliberate”.

Either the court record was incomplete, Fitzpatrick said, or the grand jury weighed an indictment that had not been fully presented in court.

The judge also acknowledged questions about how evidence had been obtained in the Comey case.

The Trump administration was facing a five-year statute of limitations in the Comey case, expiring on September 30. The indictment pertains to statements Comey made before the Senate Judiciary Committee in 2020.

To quickly find evidence for the indictment, Fitzpatrick said that federal prosecutors appear to have used warrants that were issued for a different case.

Those warrants, however, were limited to an investigation into Daniel Richman, an associate of Comey who was probed for the alleged theft of government property and the unlawful gathering of national security information.

No charges were filed in the Richman case, and the investigation was closed in 2021.

“The Richman materials sat dormant with the FBI until the summer of 2025, when the Bureau chose to rummage through them again,” Fitzpatrick said.

He said the federal government’s use of the warrants could violate the Fourth Amendment of the US Constitution, which prohibits the unreasonable search and seizure of evidence. He described the Justice Department’s actions as “cavalier” and asserted that no precautions were taken to protect privileged information.

“Inexplicably, the government elected not to seek a new warrant for the 2025 search, even though the 2025 investigation was focused on a different person, was exploring a fundamentally different legal theory, and was predicated on an entirely different set of criminal offenses,” Fitzpatrick wrote.

He speculated that prosecutors may not have sought a new warrant because the delay would have allowed the statute of limitations to expire on the Comey case.

“The Court recognizes that a failure to seek a new warrant under these circumstances is highly unusual,” he said.

Fitzpatrick also raised concerns that statements federal prosecutors made to the grand jury may have been misleading.

Many of those statements were redacted in Fitzpatrick’s ruling. But he described them as “fundamental misstatements of the law that could compromise the grand jury process”.

One statement, he said, “may have reasonably set an expectation in the minds of the grand jury that rather than the government bear the burden to prove Mr. Comey’s guilt beyond a reasonable doubt at trial, the burden shifts to Mr. Comey to explain away the government’s evidence”.

Another appeared to suggest that the grand jury “did not have to rely only on the record before them to determine probable cause” — and that more evidence would be presented later on.

Calling for the release of the grand jury records on Monday was an “extraordinary remedy” for these issues, Fitzpatrick conceded.

But it was necessary, given “the prospect that government misconduct may have tainted the grand jury proceedings”, he ultimately decided.

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Shohei Ohtani, Aaron Judge make history with back-to-back MVPs | Baseball News

Los Angeles Dodgers’ Shohei Ohtani wins fourth MLB MVP award while New York Yankees’ Aaron Judge bags a third.

While Shohei Ohtani had his greatness reconfirmed, Cal Raleigh learned not even the greatest season by a catcher in Major League Baseball history could stop Aaron Judge from adding another Most Valuable Player (MVP) award to his trophy case.

Minutes after Ohtani secured his third consecutive MVP award and fourth in the last five years – leaving him just three shy of Barry Bonds for the most in MLB history – Judge was announced as the American League’s MVP in a close vote with Raleigh on Thursday night.

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Ohtani and Judge became the first duo to win the Most Valuable Player Award in the same back-to-back seasons.

The New York Yankees outfielder secured 17 of a possible 30 first-place votes and 355 points. The Seattle Mariners catcher claimed the other 13 first-place votes and finished with 335 points.

In the end, the Baseball Writers’ Association of America voters determined that Judge’s MLB-leading batting average (.331), on-base percentage (.457) and slugging percentage (.688) outweighed Raleigh’s AL-best 60 homers and 125 RBIs.

Aaron Judge in action.
New York Yankees’ Aaron Judge belted 53 home runs and led the major leagues with a .331 batting average [Frank Franklin II/AP Photo]

“It’s pretty wild,” Judge said. “You try not to think about it during the season. I try to keep my head down through all 162 and do whatever I can in today’s game to help our team win.”

For the 33-year-old Judge, it marks his third MVP award. That puts him in an exclusive neighbourhood with the likes of Mickey Mantle, Joe DiMaggio, Stan Musial, Mike Trout and a handful of others – but Ohtani no longer resides there.

The 31-year-old Japan native received all 30 first-place votes for the National League MVP.

Ohtani earned his latest honour after piling up a career-high 55 homers, a majors-best 146 runs and an NL-high .622 slugging percentage and 1.014 OPS in 158 games.

He also returned to the mound after taking 18 months off and forged a 1-1 record with a 2.87 ERA in 14 starts. He registered 62 strikeouts versus just nine walks over 47 innings.

“It was a great year,” Ohtani said on MLB Network via translator. “Like I said, I’m grateful to my teammates, the coaching staff … but not only them. The fans were the ones who really rooted us on and supported us.”

Ohtani added eight home runs in 17 postseason games while leading the Dodgers to their second consecutive World Series title, though his playoff exploits did not factor into the BBWAA voting.

Philadelphia Phillies designated hitter Kyle Schwarber, who produced a league-high 56 homers and 132 RBIs while playing in all 162 games, finished second in the balloting. He was followed by New York Mets outfielder Juan Soto (43 homers, 38 stolen bases), Arizona Diamondbacks shortstop Geraldo Perdomo (.290 average, 20 homers, 100 RBIs, 27 steals) and Phillies shortstop Trea Turner (league-leading .304 average with 36 steals).

In the American League, Cleveland Guardians third baseman Jose Ramirez (30 homers, 44 steals) finished a distant third.

Kansas City Royals shortstop Bobby Witt Jr (23 homers, 38 steals) and Detroit Tigers starter Tarik Skubal, who claimed his second consecutive Cy Young Award with a 13-6 record and 2.21 ERA, rounded out the top five.

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Judge hears arguments challenging appointment of prosecutor who charged James Comey, Letitia James

Lawyers for two of President Trump’s foes who have been charged by the Justice Department asked a judge on Thursday to dismiss the cases against them, saying the prosecutor who secured the indictments was illegally installed in the role.

U.S. District Judge Cameron McGowan Currie didn’t immediately rule from the bench but said she expects to decide by Thanksgiving on challenges to Lindsey Halligan’s appointment as interim U.S. attorney for the Eastern District of Virginia.

The requests are part of multiprong efforts by former FBI Director James Comey and New York Attorney General Letitia James to get their cases dismissed before trial.

At issue during Thursday’s arguments are the complex constitutional and statutory rules governing the appointment of the nation’s U.S. attorneys, who function as top federal prosecutors in Justice Department offices across the country.

The role is typically filled by lawyers who have been nominated by a president and confirmed by the Senate. Attorneys general do have the authority to get around that process by naming an interim U.S. attorney who can serve for 120 days, but lawyers for Comey and James note that once that period expires, the law gives federal judges of that district exclusive say over who can fill the vacancy.

But that’s not what happened in this instance.

After then-interim U.S. attorney Erik Siebert resigned in September while facing Trump administration pressure to bring charges against Comey and James, Attorney General Pam Bondi, at Trump’s public urging, installed Halligan to the role.

Siebert had been appointed by Bondi in January to serve as interim U.S. attorney. Trump in May announced his intention to nominate him and judges in the Eastern District unanimously agreed after his 120-day period expired that he should be retained in the role. But after the Trump administration effectively pushed him out in September, the Justice Department again opted to make an interim appointment in place of the courts, something defense lawyers say it was not empowered under the law to do.

Prosecutors in the cases say that the law does not explicitly prevent successive appointments of interim U.S. attorneys by the Justice Department and that, even if Halligan’s appointment is deemed invalid, the proper fix is not the dismissal of the indictment.

Comey has pleaded not guilty to charges of making a false statement and obstructing Congress, and James has pleaded not guilty to mortgage fraud allegations. Their lawyers have separately argued that the prosecutions are improperly vindictive and motivated by the president’s personal animus toward their clients, and should therefore be dismissed.

Tucker writes for the Associated Press.

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