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Proposition 50 disenfranchises Republican California voters. Will it survive legal challenge?

Six years ago, when the U.S. Supreme Court upheld highly partisan state election maps in North Carolina and Maryland — ruling that federal courts cannot block states from drawing up maps that favor one party over the other — one of the court’s liberal justices issued a warning.

“If left unchecked, gerrymanders like the ones here may irreparably damage our system of government,” Associate Justice Elena Kagan wrote in a dissent.

Kagan argued that Republicans in North Carolina and Democrats in Maryland — the two examples before the court — had rigged elections in a way that “deprived citizens of the most fundamental of their constitutional rights,” “debased and dishonored our democracy” and turned “upside-down the core American idea that all governmental power derives from the people.”

“Ask yourself,” Kagan said as she recounted what had happened in each state: “Is this how American democracy is supposed to work?”

That’s the question Californians are now weighing as they decide how, or whether, to vote on Proposition 50, Gov. Gavin Newsom’s plan to scrap congressional maps drawn by the state’s independent redistricting commission and replace them with maps drawn by legislators to favor Democrats through 2030.

Democrats don’t deny that the measure is a deliberate attempt to dilute GOP voting power.

From the start, they’ve argued that the point of redistricting is to weaken Republicans’ voting power in California — a move they justify on the grounds that it is a temporary fix to offset similar partisan gerrymandering by Texas Republicans. This summer, President Trump upped the ante, pressing Texas to rejigger maps to shore up the GOP’s narrow House majority ahead of the 2026 election.

Experts say opponents of Proposition 50 have no viable federal legal challenge against the new maps on the basis that they disenfranchise a large chunk of California Republicans. Even since the 2019 U.S. Supreme Court decision Rucho vs. Common Cause, complaints of partisan gerrymandering have no path in federal court.

Already, Proposition 50 has survived challenges in state court and is unlikely to be successfully challenged if passed, said Richard L. Hasen, professor of law and director of the Safeguarding Democracy Project at UCLA School of Law.

“If you’re a Republican in California, or you’re a Democrat in Texas, you’re about to get a lot less representation in Congress,” Hasen said. “I don’t think there’s anything you can do about that.”

If Californians vote in favor of the measure on Tuesday, the number of Republicans in the state’s House — nine of 52 total members — would likely be reduced by five. That could mean Republicans have less than 10% of California’s congressional representation even though Trump won 38% of the 2024 vote.

“All of this is unconstitutional, but the federal courts aren’t available to help,” said Justin Levitt, a law professor at Loyola Law School.

“Every time you redraw a district specifically to protect some candidates and punish others,” Levitt said, “what you’re basically saying is it shouldn’t be up to the voters to weigh in on whether they think the candidates are doing a good job or not.”

Possible legal avenues

But even if the issue of partisan gerrymandering is blocked in federal courts, there are other potential legal avenues to challenge California’s new legislative maps.

One route would be to claim that Proposition 50 violates the California Constitution.

David A. Carrillo, executive director of the California Constitution Center at Berkeley Law, said that if Proposition 50 passes, he expects a barrage of “see what sticks” lawsuits raising California constitutional claims. They stand little chance of success, he said.

“Voters created the redistricting commission,” he said. “What the voters created they can change or abolish.”

Attorneys might also bring racial discrimination claims in federal court alleging California lawmakers used partisan affiliation as a pretext for race in drawing the maps to disenfranchise one racial group or another, Carrillo said. Under current law, he said, such claims are very fact-dependent.

Attorneys are already poised to file complaints if the referendum passes.

Mark Meuser, a conservative attorney who filed a state complaint this summer seeking to block Proposition 50, said he is ready to file a federal lawsuit on the grounds that the new maps violate the Equal Protection Clause in the 14th Amendment of the U.S. Constitution.

“We’re saying that race was a predominant factor in drawing the lines,” Meuser said. “When race is a predominant factor in drawing the lines without a compelling interest, strict scrutiny will mandate the maps be stricken.”

Some legal experts believe that would be a tricky case to prove.

“It sure seems like the new map was oriented predominantly around politics, not race,” Levitt argued. “And though they’d be saying that race was a predominant factor in drawing the lines, that’s very, very, very different from proving it. That’s an uphill mountain to climb on these facts.”

Some experts think the new maps are unlikely to raise strong Voting Rights Act challenges.

Eric McGhee, a senior fellow at the Public Policy Institute of California who specializes in elections, said the new districts appeared to have been carefully carved to preserve Latino- or Black-majority districts.

A successful challenge is possible, McGhee said, noting there are always novel legal arguments. “It’s just the big ones that you would think about that are the most obvious and the most traditional are pretty closed,” he said.

Supreme Court looms large

Ultimately, legal experts agree the fate of California maps — and other maps in Texas and across the nation — would depend on the Supreme Court’s upcoming ruling on a redistricting case from Louisiana.

Last month, conservative Supreme Court justices suggested in a hearing that they were considering reining in a key part of the landmark 1965 Voting Rights Act that prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in a language minority group.

“Whatever happens with Proposition 50 — pass or fail — almost doesn’t matter in the grand scheme of things,” Carrillo said, noting that the Supreme Court could use the Louisiana case to strike Section 2 of the Voting Rights Act. “There’s a big litigation storm coming in almost any scenario.”

Levitt agreed that the Supreme Court ruling on the Voting Rights Act, which could come any time between now and June, could change current law. But he stressed it is impossible to predict how broad the ruling could be.

“Whether that leaves any of California’s districts vulnerable — either in the current map or in the map if Prop. 50 passes — depends entirely on what Scotus says,” Levitt argued. “There are only nine people who know what they’ll actually say, and there are a lot of possibilities, some of which might affect California’s map pretty substantially, and some of which are unlikely to affect California’s map at all.”

Will Congress intervene?

As the redistricting battle spreads across the country and Democratic and Republican states look to follow Texas and California, Democrats could ultimately end up at a disadvantage. If the overall tilt favors Republicans, Democrats would have to win more than 50% of the vote to get a majority of seats.

Congress has the power to block partisan gerrymandering in congressional map drawing. But attempts so far to pass redistricting reform have been unsuccessful.

In 2022, the House passed the Freedom to Vote Act, which would have prohibited mid-decade redistricting and blocked partisan gerrymandering of congressional maps. But Republicans were able to block the bill in the Senate, even though it had majority support, due to that chamber’s filibuster rules.

Another option is a narrower bill proposed this summer by Republican Rep. Kevin Kiley, who represents parts of the Sacramento suburbs and Lake Tahoe and could lose his seat if Proposition 50 passes. Kiley’s bill, along with similar legislation introduced by California Democratic representatives, would ban mid-decade redistricting.

“That would be the cleanest way of addressing this particular scenario we’re in right now, because all of these new plans that have been drawn would become null and void,” McGhee said.

But in a heavily deadlocked Congress, Kiley’s bill has little prospect of moving.

“It may have to get worse before it gets better,” Hasen said.

If the redistricting war doesn’t get resolved, Hasen said, there will be a continued race to the bottom, particularly if the Supreme Court weakens or strikes down Section 2 of the Voting Rights Act.

Another scenario, Hasen argued, is Democrats regain control of Congress and the presidency, overcome the filibuster rule and pass redistricting reform.

If that doesn’t happen, Levitt said, the ultimate power rests with the people.

“If we want to tell our representatives that we’re sick of this, we can,” Levitt said. “There’s a lot that’s competing for voters’ attention. But that doesn’t mean that we don’t have agency here.”

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Mirae Asset threatens legal action against Brookfield

South Korea’s Mirae Asset Global Investments vows to take legal action against Brookfield Asset Management over the failed sale of the International Finance Center in western Seoul. Photo courtesy of Mirae Asset Global Investments

SEOUL, Oct. 29 (UPI) — South Korea’s Mirae Asset Global Investments said Wednesday it would take legal action against North America’s Brookfield Asset Management unless Brookfield returns $140 million related to a collapsed property sale in Seoul.

Mirae Asset noted that it made the decision after Brookfield failed to comply with a Singapore International Arbitration Center ruling, which required the company to return that amount and associated costs to Mirae Asset by Tuesday.

Earlier this month, the arbitration center ruled in favor of Mirae Asset in a three-year dispute over the failed sale of the International Finance Center in western Seoul, a mixed-use complex composed of three office towers, a shopping mall and hotel.

“Until the arbitration award is fully enforced, Brookfield will bear full responsibility for the accumulation of daily interest and additional damages,” Mirae Asset said in a statement.

“Mirae Asset has completed preparations to initiate follow-up legal proceedings under international law and applicable regulations. The company intends to take all possible legal actions,” it added.

To ensure compliance with the arbitration ruling, Mirae Asset said it may seek provisional seizure of Brookfield assets in South Korea and overseas.

When contacted, Brookfield’s Korean unit declined to comment.

Brookfield, a multinational alternative asset manager, is based in New York after relocating from Toronto last year. It has more than $1 trillion in assets under management across infrastructure, renewable energy, real estate and credit businesses.

The firm entered the South Korean market in 2014 and operates assets worth about $12 billion in the country.

In 2022, Mirae Asset signed a memorandum of understanding with Brookfield to acquire the International Finance Center for $2.9 billion, depositing $140 million as part of the deal. But the transaction later unraveled after Mirae Asset could not receive approval for a related investment vehicle.

Mirae Asset subsequently demanded a full refund of its down payment, but Brookfield refused, arguing that Mirae Asset had not made best efforts to gain regulatory approval, thereby breaching the agreement.

This prompted Mirae Asset to file for arbitration in September 2022.

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America’s Shadow War at Sea: The Legal Grey Zone of the U.S. “Drug Boat” Strikes

In recent months, a series of videos surfaced on Donald Trump’s social-media platform, showing what appeared to be drone footage of small vessels exploding somewhere in the Caribbean. The clips were accompanied by triumphant statements from the former president, who claimed that U.S. forces had struck “drug boats” operated by Venezuela’s Tren de Aragua cartel as they ferried narcotics toward the American coastline. Within hours of the first announcement, officials confirmed that “multiple interdictions” had taken place, that several suspected traffickers were dead, and that survivors were in custody.

For Washington, the operation was presented as a new frontier in counter-narcotics self-defense. For much of Latin America, it looked alarmingly like extrajudicial warfare. Colombia’s president protested that one of the destroyed boats had been Colombian, carrying his own citizens. Caracas called the attacks “acts of piracy.” And legal scholars, both in the United States and abroad, began to question not only the strikes’ legitimacy under international law but also who, exactly, had carried them out.

The Law of the Sea Meets the War on Drugs

The United States is not a signatory to the 1982 U.N. Convention on the Law of the Sea, yet successive administrations have claimed to act “in a manner consistent” with its provisions. Under that framework, ships on the high seas enjoy freedom of navigation. Interference is allowed only in narrow cases such as piracy, slavery, or “hot pursuit” when a vessel flees territorial waters after violating a state’s laws. The deliberate destruction of a boat on the open ocean—without proof of an immediate threat—sits uneasily within those boundaries.

“Force can be used to stop a boat,” observed Luke Moffett of Queen’s University Belfast, “but it must be reasonable and necessary in self-defense where there is an immediate threat of serious injury or loss of life.” Nothing in the public record suggests the crews of these vessels fired upon U.S. assets. The claim of self-defense, therefore, stretches maritime law close to breaking point.

International law’s broader prohibition on the use of force, codified in Article 2(4) of the U.N. Charter, is equally uncompromising. Only an armed attack, or an imminent threat of one, allows a state to respond with force in self-defense. Trump’s officials insist that Tren de Aragua constitutes a transnational terrorist organization waging “irregular warfare” against the United States. Yet, as Michael Becker of Trinity College Dublin argues, “Labelling traffickers ‘narco-terrorists’ does not transform them into lawful military targets. The United States is not engaged in an armed conflict with Venezuela or with this criminal organization.”

Nonetheless, a leaked memorandum reportedly informed Congress that the administration had determined the U.S. to be in a “non-international armed conflict” with drug cartels—a remarkable claim that effectively militarizes the war on drugs. If accurate, it would mean Washington has unilaterally extended the legal geography of war to the Caribbean, with traffickers recast as enemy combatants rather than criminals.

Domestic Authority and the Elastic Presidency

The constitutional footing for these operations is no clearer. The power to declare war resides with Congress, but Article II designates the president commander-in-chief of the armed forces. Since 2001, successive presidents have leaned on the Authorization for Use of Military Force—passed in the wake of 9/11—to justify counter-terror operations across the globe. That statute, intended to target al-Qaeda and its affiliates, has been stretched from Yemen to the Sahel. Extending it to Venezuelan cartels represents another act of legal contortion.

Rumen Cholakov, a constitutional scholar at King’s College London, suggests that rebranding cartels as “narco-terrorists” may be a deliberate attempt to fold them into the AUMF’s reach. But it remains uncertain whether Congress ever envisaged such an interpretation. Nor has the White House explained whether the War Powers Resolution’s requirement of prior consultation with lawmakers was honored before the first missile struck.

The Pentagon, asked to disclose its legal rationale, declined. The opacity has fuelled speculation that the operations were not conducted solely by uniformed military forces at all, but by an entirely different arm of the American state—one that operates in deeper shadows.

The “Third Option”: Covert Power and the CIA’s Ground Branch

In October, Trump confirmed that he had authorized the Central Intelligence Agency to “conduct covert operations in Venezuela.” The statement was brief, but within the intelligence world it carried enormous significance. For decades, the CIA’s Special Activities Center—once known as the Special Activities Division—has been Washington’s chosen instrument for deniable action. Its paramilitary component, the Ground Branch, recruits largely from elite special-operations units and specializes in missions that the U.S. government cannot publicly own: sabotage, targeted strikes, and the training of proxy forces.

These operations fall under Title 50 of the U.S. Code, which governs intelligence activities rather than military ones. By law, the president must issue a classified “finding” declaring that the action is necessary to advance foreign-policy objectives and must notify congressional intelligence leaders. Crucially, Title 50 operations are designed so that “the role of the United States Government will not be apparent or acknowledged publicly.”

That distinction—between covert and merely secret—sets Title 50 apart from the military’s Title 10 authority. Traditional special-operations forces under the Joint Special Operations Command (JSOC) operate as uniformed combatants in overt or clandestine missions authorized under defense law. Their actions are governed by the law of armed conflict, subject to military oversight, and, at least in theory, open to public accountability. CIA paramilitaries, by contrast, function outside those rules. They wear no uniforms, deny official affiliation, and are overseen not by the Pentagon but by the White House and select members of Congress.

Since 9/11, the line separating the two worlds has blurred. Joint task forces have fused intelligence officers and military commandos under hybrid authorities, allowing presidents to act quickly and quietly without triggering the political friction of formal war powers. The “drug boat” strikes appear to be the latest iteration of that model: part counter-narcotics, part counter-terrorism, and part covert action.

A Legal Twilight Zone

If CIA paramilitary officers were indeed involved, the implications are profound. A covert maritime campaign authorized under Title 50 would have required a presidential finding and congressional notification, but those documents remain classified. Conducting lethal operations at sea through the intelligence apparatus—rather than under military or law-enforcement authority—creates a twilight zone of accountability.

The law of armed conflict applies only when a genuine armed conflict exists; human rights law governs peacetime use of force. Covert paramilitary strikes sit uneasily between the two. They may infringe the sovereignty of other states without ever triggering a formal act of war, and they obscure responsibility by design. Survivors of the October strike—a Colombian and an Ecuadorian now detained by U.S. authorities—exist in a legal limbo, neither civilian nor combatant.

Mary Ellen O’Connell, professor at Notre Dame Law School, calls the rationale “utterly unconvincing.” No credible facts, she argues, justify treating these actions as lawful self-defense. “The only relevant law for peace is international law—that is, the law of treaties, human rights, and statehood.”

The Price of Secrecy

Covert action was conceived as a tool for influence and sabotage during the Cold War, not as an instrument of maritime interdiction. Applying it to counter-narcotics missions risks collapsing the boundary between espionage and war. Oversight mechanisms designed for covert influence operations struggle to accommodate lethal paramilitary campaigns. Only a handful of legislators—the so-called “Gang of Eight”—receive full briefings, and judicial review is virtually nonexistent. In practice, the president’s signature on a secret finding becomes the sole check on executive power.

The “drug boat” operations thus reveal how the United States’ shadow-war architecture has evolved since 9/11. The Special Activities Center, once reserved for coups and clandestine support to insurgents, now appears to function as an offshore strike arm for missions the military cannot legally or politically conduct. The public framing—protecting Americans from narcotics smuggling—masks a far broader assertion of authority: the right to employ lethal force anywhere, against anyone, without declaration or disclosure.

War Without War

Trump’s supporters hail the strikes as decisive. His critics see a dangerous precedent—a campaign that bypasses Congress, ignores international law, and blurs the line between defense and vigilantism. The tension runs deeper than partisanship. It touches the central question of modern U.S. power: who decides when America is at war?

The CIA’s motto for its paramilitary wing, Tertia Optio—the “third option”—was meant to describe a choice between diplomacy and open war. Yet as that option expands into an instrument of regular policy, it threatens to eclipse both. When covert action becomes a substitute for law, secrecy replaces accountability, and deniability becomes the new face of sovereignty.

Whether these “drug boats” carried cocaine or simply unlucky sailors may never be known. What is certain is that the legal boundaries of America’s global operations are eroding at sea. The United States may claim it is defending itself; international law may call it aggression. In that unresolved space—the realm of the third option—the world’s most powerful democracy is waging a war it will not name.

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UK’s Palestine Action group wins legal bid to challenge ban | Gaza News

UK court to hear challenge to the pro-Palestine group’s ban under ‘anti-terrorism’ laws after government loses appeal.

The United Kingdom government cannot block the cofounder of pro-Palestinian campaign group Palestine Action from bringing a legal challenge over the banning of the group under “anti-terrorism” laws, a court has said.

Huda Ammori, who helped found Palestine Action in 2020, was on Friday given permission to challenge the group’s proscription on the grounds that the ban is a disproportionate interference with free speech rights, with her case due to be heard next month.

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Britain’s Home Office, the interior ministry, then asked the Court of Appeal to overturn that decision and rule that any challenge to the ban should be heard by a specialist tribunal.

Judge Sue Carr rejected the Home Office’s appeal, saying challenging the proscription in the High Court was quicker, particularly where people have been charged and are facing trial for expressing support for Palestine Action.

The court also ruled that Ammori could challenge the ban in the High Court on additional grounds, which Ammori said was a significant victory.

“It’s time for the government to listen to the overwhelming and mounting backlash … and lift this widely condemned, utterly Orwellian ban,” she said in a statement.

“The Judicial Review will go ahead on November 25-27th,” Ammori said in a post on X later on Friday.

She hailed the group’s win to challenge “two more grounds to argue the illegality of the ban”.

“Huge victory,” she added.

Disrupting the ‘arms industry’

Palestine Action was proscribed as a “terrorist” organisation by the government in July, making membership a crime which carries a maximum sentence of 14 years in prison.

More than 2,000 people have since been arrested for holding signs in support of the group, with at least 100 charged.

Before the ban, Palestine Action had increasingly targeted Israel-linked companies in Britain, sometimes spraying red paint, blocking entrances or damaging equipment.

It accused the UK government of complicity in Israeli war crimes in Gaza. Israel has repeatedly denied committing war crimes in its two-year genocidal campaign, which has killed more than 67,000 Palestinians. Rights groups have accused Israel of repeatedly committing abuses in its war in Gaza, which began on October 7, 2023.

Israel and Hamas agreed on a ceasefire last week.

Palestine Action particularly focused on Israeli defence firm Elbit Systems, and Britain’s government cited a raid by activists at an Elbit site last year when it decided to outlaw the group.

The group was banned a month after some of its members broke into the RAF Brize Norton air base and damaged two planes, for which four members have been charged.

Palestine Action describes itself as “a pro-Palestinian organisation which disrupts the arms industry in the United Kingdom with direct action”. It says it is “committed to ending global participation in Israel’s genocidal and apartheid regime”.

Critics of the ban – including United Nations High Commissioner for Human Rights Volker Turk and civil liberties groups – argue that damaging property does not amount to terrorism.

However, Britain’s former interior minister Yvette Cooper, who is now foreign minister, previously said violence and criminal damage have no place in legitimate protest.



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Canadian leaders threaten legal action if Stellantis commitments fail

1 of 2 | Premier of Ontario Doug Ford pictured June 25 in Boston, Mass. This week, Ford said he got assurances from Stellantis the company will not permanently shutter its Ontario-based Jeep facility after Stellantis announced a major U.S. investment and plans to reopen old plants in America. Photo Provided by CJ Gunther/EPA

Oct. 16 (UPI) — Ontario’s Premier Doug Ford said he received an assurance from Jeep maker Stellantis’ Canadian chief the company will keep its Canadian plant open for future manufacturing.

Ford said Wednesday that the company’s Brampton auto plant will continue running despite Tuesday’s revelation that Jeep Compass production will shift to an American facility.

“I want to keep the Brampton plant open, no matter what,” Ford said following talks with Stellantis Canada president Jeff Hines. “He’s given me his word, they are going to keep it open.”

Stellantis, the parent company of multiple auto brands including Jeep and Chrysler, announced this week plans to invest billions in the United States to reopen facilities and add roughly 5,000 U.S. jobs plants in Illinois, Ohio, Michigan and Indiana over the next four years.

In April, Stellantis put a hold on production of its new electric SUV at its Canadian plant on Williams Parkway in the wake of tax-like tariffs imposed by U.S. President Donald Trump.

It was set to move forward with production later this year.

“Our government will continue to use every tool we have, including through our $20 million investment in POWER Centers to support displaced workers, including through retraining to re-enter the workforce as quickly as possible,” Ford posted Wednesday on X.

On Tuesday, Ford spoke with Canada’s Stellantis chief who reportedly said the company is “going to postpone it for a year” and claimed Stellantis will “find a new model” to build at the Canadian site.

“They are going to see what products they are going to put in there,” said Ford.

Ford, the leader of Ontario’s Progressive Conservative Party, added plans exist to add a third shift to a Windsor plant to possibly transfer up to 3,000 or less workers.

A Stellantis spokesperson pointed to its 100-year history in Canada and said Britain’s fellow commonwealth nation was “very important” to Jeep’s parent owner.

“We have plans for Brampton and will share them upon further discussions with the Canadian government,” the company stated.

Meanwhile, Canada’s Industry Minister Melanie Joly reminded CEO Antonio Filosa in a letter that Stellantis made critical commitments to Canadians.

“While the current U.S. tariff environment is creating complex challenges, Stellantis has made important commitments to Canada and to its workforce,” Joly wrote.

Joly said if Stellantis chooses not “to respect its obligations,” the Canadian government would “act in the interests of all Canadians and hold the company to full account, and exercise all options, including legal.”

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Canada threatens Stellantis with legal action over moving production to US | Trade War News

Stellantis announced a $13bn investment in the US, which will see production of the Jeep Compass move to the US from Canada.

Canada has threatened legal action against carmaker Stellantis NV over what Ottawa says is the company’s unacceptable plan to shift production of one model to a United States plant.

On Wednesday, Minister of Industry Melanie Joly sent a letter to Stellantis CEO Antonio Filosa noting that the company had agreed to maintain its Canadian presence in exchange for substantial financial support.

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“Anything short of fulfilling that commitment will be considered a default under our agreement,” she said. If Stellantis did not live up to its commitment, Canada would “exercise all options, including legal”, she said.

Stellantis announced a $13bn investment in the US on Tuesday, a move that it said would bring five new models to the market. As part of the plan, production of the Jeep Compass will move to the US state of Illinois from a facility in Brampton in the Canadian province of Ontario.

A copy of the letter was made available to the Reuters news agency. The existence of the letter was first reported by Bloomberg.

Stellantis had paused retooling of the Brampton plant in February, shortly after US President Donald Trump announced tariffs against Canadian goods, upending the highly integrated North American auto industry.

In a statement on Tuesday night, Canada’s Prime Minister Mark Carney said Ottawa had made clear it expected Stellantis to fulfil the undertakings it had made to the workers at the plant.

“We are working with the company to develop the right measures to protect Stellantis employees,” he said.

Ontario is Canada’s industrial heartland and accounts for about 40 percent of its national gross domestic product (GDP).

“I have spoken with Stellantis to stress my disappointment with their decision,” Ontario Premier Doug Ford said on social media on Wednesday.

Stellantis spokesperson LouAnn Gosselin said the company was investing in Canada and noted plans to add a third shift to a plant in Windsor, Ontario.

“Canada is very important to us. We have plans for Brampton and will share them upon further discussions with the Canadian government,” she said in an emailed statement.

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Federal shutdown stalls California’s legal battles with Trump

Days before the Trump administration was supposed to file its response to a California lawsuit challenging its targeting of gender-affirming care providers, attorneys for the U.S. Justice Department asked a federal judge to temporarily halt the proceedings.

Given the federal shutdown, they argued, they just didn’t have the lawyers to do the work.

“Department of Justice attorneys and employees of the federal defendants are prohibited from working, even on a voluntary basis, except in very limited circumstances, including ‘emergencies involving the safety of human life or the protection of property,’” they wrote in their filing Oct. 1, the first day of the shutdown.

The district judge presiding over the case, which California filed in federal court in Massachusetts along with a coalition of other Democrat-led states, agreed, and promptly granted the request.

It was just one example of the now weeks-old federal shutdown grinding to a halt important litigation between California and the Trump administration, in policy battles with major implications for people’s lives.

The same day, in the same Massachusetts court, Justice Department attorneys were granted a pause in a lawsuit in which California and other states are challenging mass firings at the U.S. Department of Education, after noting that department funding had been suspended and it didn’t know “when such funding will be restored by Congress.”

The same day in U.S. District Court in Central California, the Trump administration asked for a similar pause in a lawsuit that it had brought against California, challenging the state’s refusal to provide its voter registration rolls to the administration.

Justice Department attorneys wrote that they “greatly regret any disruption caused to the Court and the other litigants,” but needed to pause the proceedings until they were “permitted to resume their usual civil litigation functions.”

Since then, the court in Central California has advised the parties of alternative dispute resolution options and outside groups — including the NAACP — have filed motions to intervene in the case, but no major developments have occurred.

The pauses in litigation — only a portion of those that have occurred in courts across the country — were an example of sweeping, real-world, high-stakes effects of the federal government shutdown that average Americans may not consider when thinking about the shutdown’s impact on their lives.

Federal employees working in safety and other crucial roles — such as air traffic controllers — have remained on the job, even without pay, but many others have been forced to stay home. The Justice Department did not spell out which of its attorneys had been benched by the shutdown, but made clear that some who had been working on the cases in question were no longer doing so.

Federal litigation often takes years to resolve, and brief pauses in proceedings are not uncommon. However, extended disruptions — such as one that could occur if the shutdown drags on — would take a toll, forestalling legal answers in some of the most important policy battles in the country.

California Atty. Gen. Rob Bonta, whose office has sued the Trump administration more than 40 times since January, has not challenged every request for a pause by the Trump administration — especially in cases where the status quo favors the state.

However, it has challenged pauses in other cases, with some success.

For example, in that same Massachusetts federal courthouse Oct. 1, Justice Department attorneys asked a judge to temporarily halt proceedings in a case in which California and other states are suing to block the administration’s targeted defunding of Planned Parenthood and other abortion providers.

Their arguments were the same as in the other cases: Given the shutdown, they didn’t have the attorneys to do the necessary legal work.

In response, attorneys for California and the other states pushed back, noting that the shutdown had not stopped Department of Health and Human Services officials from moving forward with the measure to defund Planned Parenthood — so the states’ residents remained at imminent risk of losing necessary healthcare.

“The risks of irreparable harms are especially high because it is unclear how long the lapse in appropriations will continue, meaning relief may not be available for months at which point numerous health centers will likely be forced to close due to a lack of funds,” the states argued.

On Oct. 8, U.S. District Judge Indira Talwani denied the government’s request for a pause, finding that the states’ interest in proceeding with the case “outweighs” the administration’s interest in pausing it.

Talwani’s argument, in part, was that her order denying a pause would provide Justice Department officials the legal authority to continue litigating the case despite the shutdown.

Bonta said in a statement that “Trump owns this shutdown” and “the devastation it’s causing to hardworking everyday Americans,” adding that his office will not let Trump use it to cause even more harm by delaying relief in court cases.

“We’re not letting his Administration use this shutdown as an excuse to continue implementing his unlawful agenda unchecked. Until we get relief for Californians, we’re not backing down — and neither are the courts,” Bonta said. “We can’t wait for Trump to finally let our government reopen before these cases are heard.”

Trump and Republicans in Congress have blamed the shutdown on Democrats.

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All Post Office Horizon victims entitled to free legal advice for first time

Emma SimpsonBusiness correspondent and

Emer MoreauBusiness reporter

PA Media Campaigners outside Aldwych House, central London, where the Post Office Horizon IT inquiry is taking place - they are holding up two banners, a blue one with the text Justice for subpostmasters alliance - and a second red one with SOS: Support our Sub-postmasters written on it PA Media

All victims of the Post Office Horizon IT scandal who are claiming compensation will now be entitled to free legal advice to help them with their offers, the government has announced.

The change could potentially have a major effect on the size of the payouts some victims are able to achieve.

It is one of a number of improvements to the compensation schemes available to victims, made in response to the first report from the public inquiry into the scandal, widely described as one of the UK’s worst ever miscarriages of justice.

In July, the chair of the inquiry, Sir Wyn Williams, delivered his findings into the human impact of the scandal and called for urgent action.

The government said it has accepted all but one of the recommendations relating specifically to Horizon.

More than 900 sub-postmasters were prosecuted after the faulty Horizon computer system made it look like money was missing from their branch accounts.

Hundreds of others poured their own savings into their branch to make up apparent shortfalls in order to avoid prosecution.

Making the announcement, Business Secretary Peter Kyle said there was “clearly more to do to bring justice to those affected” and accepting the recommendations was a “crucial step” towards doing this.

There are now three compensation schemes for victims in various circumstances, but they have been criticised for being too slow and complicated with many of the worst affected victims receiving offers for far less than they’d originally claimed for.

Victims who have sought compensation through the Horizon Shortfall Scheme (HSS) – which accounts for more than half of the compensation claims paid out so far – are now eligible for government-funded legal advice to help them decide whether to accept a fixed sum offer, in changes announced by the government on Thursday.

This brings it in line with the other schemes.

The government has also committed to setting up a new appeals process for postmasters who accepted a fixed payout under the HSS scheme, which also includes funded legal advice.

Many victims have previously complained about being forced to accept low offers of compensation, without the benefit of legal help.

Action taken in response to other recommendations included:

  • the government extending the date for the closure of the HSS scheme
  • giving greater clarity on the definition of “full and fair redress”
  • starting work on a restorative justice project for postmasters

So far, more than £1.2bn has been paid out to more than 9,000 claimants across all of the compensation schemes.

The Post Office said it had been working closely with the Government to respond to the inquiry’s report and had agreed a deadline of the end of January 2026 for accepting new applications to the Horizon Shortfall Scheme, saying it would give potential applicants more time to consider their case.

“I encourage any current or former postmaster who thinks they might be eligible for the Horizon Shortfall Scheme to get in touch ahead of the closure date. We have a dedicated claimant support team available on the phone to discuss your options, provide support, and answer any questions so we can begin to process your claim right away,” said Post Office Chair, Nigel Railton.

Reacting, a spokesperson for Fujitsu – who provided the Horizon IT system – said the company had “apologised for, and deeply regret, our role in sub-postmasters’ suffering”.

‘Battling all the time’

Tony Downey Tony Downey, a white man, wearing a black and blue rain coat over a grey t shirt.Tony Downey

Tony Downey and his wife Caroline were victims of the Post Office scandal

Tony Downey bought the Hawkshead Post Office in the Lake District in 2001.

He and his wife Caroline were forced to put in £35,000 of their own savings to make up for “losses” created by the faulty software.

He lost his home, his livelihood and went bankrupt as a result. His health has also suffered.

Mr Downey is still waiting for full compensation nearly three years after submitting his claim.

“It just seems to be battling, all the time, to get a little bit more, and a little bit more, and a little bit more,” he said. “We’re just exhausted with it.”

Responding to Mr Downey’s testimony, a government spokesperson said: “While we do not comment on individual cases, we take every effort to make full and fair offers to all claimants and only request information that will enable us to do so.”

Neil Hudgell of Hudgell Solicitors, which represents hundreds of victims, said it is “proper that applicants are entitled to have their cases fully assessed before electing to accept a fixed sum”.

He said there would likely be “an upturn in numbers” seeking compensation as deadlines for applying are set.

“There are clearly going to be a lot more claims in the system,” he said.

Mr Hudgell added that claims were still being processed slowly, and said that unless more resources were invested to speed up claims handling, “we will still be needing to talk about compensation claims in three to five years’ time.”

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Northern Ireland Football Fund: Crusaders and Derry City to launch legal action over omission

Crusaders and Derry City will join forces to commence legal proceedings over their omission from Stage Two of the Northern Ireland Football Fund.

In September, the Department of Communities announced 20 clubs from across Northern Ireland would progress to the next round of the process with three different tiers of funding available.

Of the 41 clubs eligible to apply, 38 submitted bids, leaving those who missed out bitterly disappointed.

Both Crusaders and Derry City were two to miss out and having considered the decision, jointly confirmed on Wednesday evening they will now lodge legal proceedings against the decision to omit them.

In a statement, Crusaders said: “Following an extra-ordinary general meeting of Crusaders Football Club members on Wednesday, 8 October 2025, Crusaders FC have determined to join Derry City FC to commence legal proceedings to challenge the exclusion of both clubs from Stage 2 of the Northern Ireland Football Fund.”

The League of Ireland club expressed similar sentiments.

“Derry City FC have made the decision to join with Crusaders FC to commence legal proceedings to challenge the exclusion of both clubs from Stage 2 of the Northern Ireland Football Fund process,” they said in a statement.

“We believe we were left with no other option.”

The Stormont Executive has set £36.2m aside, but Communities Minister Gordon Lyons estimated the departmental cost of the 20 projects would come to “just over £82m”, while the “estimated total project costs” are £98m.

The big winners were NIFL Premiership clubs Glentoran and Cliftonville who progressed in the third and most expensive tier of over £6m.

The middle bracket of applications between £1.5m to £6m saw 13 successful applications, while five of of less than £1.5m also progressed.

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Trump uses repeated funding cuts to pressure California, complicating state’s legal fight

The federal Office for Victims of Crime announced in the summer that millions of dollars approved for domestic violence survivors and other crime victims would be withheld from states that don’t comply with the Trump administration’s immigration policies.

California, 19 other states and the District of Columbia sued, alleging that such preconditions are illegal and would undermine public safety.

The administration then took a different tack, announcing that community organizations that receive such funding from the states — and use it to help people escape violence, access shelter and file for restraining orders against their abusers — generally may not use it to provide services to undocumented immigrants.

California and other states sued again, arguing that the requirements — which the administration says the states must enforce — are similarly illegal and dangerous. Advocates agreed, saying screening immigrant women out of such programs would be cruel.

The repeated lawsuits reflect an increasingly familiar pattern in the growing mountain of litigation between the Trump administration, California and other blue states.

Since President Trump took office in January, his administration has tried to force the states into submission on a host of policy fronts by cutting off federal funding, part of a drive to bypass Congress and vastly expand executive power. Repeatedly when those cuts have been challenged in court, the administration has shifted its approach to go after the same or similar funding from a slightly different angle — prompting more litigation.

The repeated lawsuits have added complexity and volume to an already monumental legal war between the administration and states such as California, one that began almost immediately after Trump took office and is ongoing, as the administration once again threatens major cuts amid the government shutdown.

The White House has previously dismissed California’s lawsuits as baseless and defended Trump’s right to enact his policy agenda, including by withholding funds. Asked about its shifting strategies in some of those cases, Abigail Jackson, a White House spokeswoman, said the administration “has won numerous cases regarding spending cuts at the Supreme Court and will continue to cut wasteful spending across the government in a lawful manner.”

Other administration officials have also defended its legal tactics. During a fight over frozen federal funding earlier this year, for instance, Vice President JD Vance wrote on social media that judges “aren’t allowed to control the executive’s legitimate power” — sparking concerns about a constitutional crisis.

California Atty. Gen. Rob Bonta said the pattern is a result of Trump overstating his power to control federal funding and use it as a weapon against his political opponents, but also of his dangerous disregard for the rule of law and the authority of both Congress and federal judges. His office has sued the administration more than 40 times since January, many times over funding.

“It is not something that you should have to see, that a federal government, a president of the United States, is so contemptuous of the rule of law and is willing to break it and break it again, get told by a court that they’re violating the law, and then have to be told by a court again,” Bonta said.

And yet, such examples abound, he said. For example, the Justice Department’s repeated attempts to strip California of crime victim funding echoed the Department of Homeland Security’s repeated attempts recently to deny the state disaster relief and anti-terrorism funding, Bonta said.

Homeland Security officials first told states that such funding would be conditioned on their complying with immigration enforcement efforts. California and other states sued, and a federal judge rejected such preconditions as unconstitutional.

The administration then notified the states that refused to comply, including California, that they would simply receive less money — to the tune of hundreds of millions of dollars — while states that cooperate with immigration enforcement would receive more.

California and other Democratic-led states sued again, arguing this week that the shifting of funds was nothing more than the administration circumventing the court’s earlier ruling against the conditioning of funds outright.

Bonta’s office cited a similar pattern in announcing Thursday that the Trump administration had backed off major cuts to AmeriCorps funding. The win came only after successive rounds of litigation by the state and others, Bonta’s office noted, including an amended complaint accusing the administration of continuing to withhold the funding despite an earlier court order barring it from doing so.

Bonta said such shifting strategies were the work of a “consistently and brazenly lawless and lawbreaking federal administration,” and that his office was “duty-bound” to fight back and will — as many times as it takes.

“It can’t be that you take an action, are held accountable, a court finds that you’ve acted unlawfully, and then you just take another unlawful action to try to restrict or withhold that same funding,” he said.

Erwin Chemerinsky, dean of UC Berkeley Law, said he agreed with Bonta that there is “a pattern of ignoring court orders or trying to circumvent them” on the part of the Trump administration.

And he provided another example: a case in which he represents University of California faculty and researchers challenging Trump administration cuts to National Science Foundation funding.

Office of Management and Budget Director Russell Vought talks to reporters outside the White House.

Office of Management and Budget Director Russell Vought talks to reporters outside the White House on Monday, accompanied by House Speaker Mike Johnson, left, Senate Majority Leader John Thune and Vice President JD Vance.

(Alex Brandon / Associated Press)

After a judge blocked the administration from terminating that funding, the Trump administration responded by declaring that the funds were “suspended” instead, Chemerinsky said.

The judge then ruled the administration was violating her order against termination, he said, as “calling them suspensions rather than terminations changed nothing.”

Mitchel Sollenberger, a political science professor at University of Michigan-Dearborn and author of several books on executive powers, said Trump aggressively flexing those powers was expected. Conservative leaders have been trying to restore executive authority ever since Congress reined in the presidency after Watergate, and Trump took an aggressive approach in his first term, too, Sollenberger said.

However, what Trump has done this term has nonetheless been stunning, Sollenberger said — the result of a sophisticated and well-planned strategy that has been given a clear runway by a Supreme Court that clearly shares a belief in an empowered executive branch.

“It’s like watching water run down, and it tries to find cracks,” Sollenberger said. “That’s what the Trump administration is doing. It’s trying to find those cracks where it can widen the gap and exercise more and more executive power.”

Bonta noted that the administration’s targeting of blue state funding began almost immediately after Trump took office, when the Office of Management and Budget issued a memo asserting that vast sums of federal funding for all sorts of programs were being frozen as the administration assessed whether the spending aligned with Trump’s policy goals.

California and other states sued to block that move and won, but the administration wasn’t swayed from the strategy, Bonta said — as evidenced by more recent events.

On Wednesday, as the government shutdown over Congress’ inability to pass a funding measure set in, Russell Vought — head of the Office of Management and Budget and architect of the Trump administration’s purse-string policies — announced on X that $8 billion in funding “to fuel the Left’s climate agenda” was being canceled. He then listed 16 blue states where projects will be cut.

Vought had broadly outlined his ideas for slashing government in Project 2025, the right-wing playbook for Trump’s second term, which Trump vigorously denied any connection to during his campaign but has since broadly implemented.

On Thursday, Trump seemed to relish the opportunity, amid the shutdown, to implement more of the plan.

“I have a meeting today with Russ Vought, he of PROJECT 2025 Fame, to determine which of the many Democrat Agencies, most of which are a political SCAM, he recommends to be cut, and whether or not those cuts will be temporary or permanent,” Trump posted online. “I can’t believe the Radical Left Democrats gave me this unprecedented opportunity.”

Bonta said Wednesday that his office had no plans to get involved in the shutdown, which he said was caused by Trump and “for Trump to figure out.” But he said he was watching the battle closely.

Sen. Adam Schiff (D-Calif.) chalked Vought’s latest cuts up to more illegal targeting of blue states such as California that oppose Trump politically, writing, “Our democracy is badly broken when a president can illegally suspend projects for Blue states in order to punish his political enemies.”

Cities and towns have also been pushing back against Trump’s use of federal funding as political leverage. On Wednesday, Los Angeles and other cities announced a lawsuit challenging the cuts to disaster funding.

L.A. City Atty. Hydee Feldstein Soto said the cuts were part of an “unprecedented weaponization” of federal funding by the Trump administration, and that she was proud to be fighting to “preserve constitutional limits on executive overreach.”

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Trump to use cities as military ‘training grounds.’ Is that legal?

President Trump warned the country’s top ranking military officials Tuesday that they could be headed to “war” with U.S. citizens, signaling a major escalation in the ongoing legal battle over his authority to deploy soldiers to police American streets.

“What they’ve done to San Francisco, Chicago, New York, Los Angeles — they’re very unsafe places, and we’re going to straighten them out one-by-one,” Trump said in an address to top brass in Quantico, Va. “That’s a war too. It’s a war from within.”

Commanders should use American cities as “training grounds,” the president said.

Trump’s words provoked instant pushback. Oregon has already filed a legal challenge, and experts expressed concern that what the president described is against the law.

“He is suggesting that they learn how to become warriors in American cities,” said Daniel C. Schwartz, former general counsel at the National Security Agency, who heads the legal team at National Security Leaders for America. “That should scare everybody. It’s also boldly illegal.”

The use of soldiers to assist with federal immigration raids and crowd control at protests and otherwise enforce civilian laws has been a point of contention with big city mayors and blue state governors for months, beginning with the deployment of thousands of federalized National Guard troops and hundreds of Marines to Los Angeles in early June.

That deployment was illegal, a federal judge ruled last month. In a scorching 52-page decision, U.S. District Court Judge Charles R. Breyer barred soldiers under Trump’s command from carrying out law enforcement duties across California, warning of a “national police force with the President as its chief.”

Yet hundreds of troops remained on the streets of Los Angeles while the matter was under litigation. With the case still moving through the 9th Circuit Court of Appeals, hundreds more are now set to arrive in Portland, Ore., with another hundred reportedly enroute to Chicago — all over the objections of state and local leaders.

“Isolated threats to federal property should not be enough to warrant this kind of response,” said Eric J. Segall, a professor at Georgia State University College of Law. “The threat has to be really serious, and I don’t think the Trump administration has made that case.”

Others agreed.

“I’m tremendously worried,” said Erwin Chemerinsky, dean of the UC Berkeley School of Law. “Using the military for domestic law enforcement is something that’s characteristic of authoritarian regimes.”

Oregon’s attorney general filed a lawsuit Monday alleging the president had applied a “baseless, wildly hyperbolic pretext” to send in the troops. Officials in Illinois, where the Trump administration has made Chicago a focal point of immigration enforcement, are also poised to file a challenge.

Although the facts on the ground are different legally, the Oregon suit is a near copy-paste of the California battle making its way through the courts, experts said.

“That’s exactly the model that they’re following,” said Carl Tobias, a professor at the University of Richmond School of Law.

Unlike the controversial decision to send National Guard troops to Washington, D.C., in August, the Los Angeles and Portland deployments have relied on an esoteric subsection of the law, which allows the president to federalize troops over the objection of state governments in certain limited cases.

California’s challenge to those justifications has so far floundered in court, with the 9th Circuit finding in June that judges must be “highly deferential” to the president’s interpretation of facts on the ground. That case is under review by a larger panel of judges.

In a memo filed Monday, California Deputy Solicitor General Christopher D. Hu warned that the decision had emboldened the administration to deploy troops elsewhere, citing Portland as an example.

“Defendants apparently believe that the June 7 memorandum — issued in response to events in Los Angeles — indefinitely authorizes the deployment of National Guard troops anywhere in the country, for virtually any reason,” Hu wrote. “It is time to end this unprecedented experiment in militarized law enforcement and conscription of state National Guard troops outside the narrow conditions allowed by Congress.”

Experts warn the obscure 19th century law at the heart of the debate is vague and “full of loopholes,” worrying some who see repeated deployment as a slippery slope to widespread, long-term military occupations.

“That has not been our experience at least since the Civil War,” Schwartz said. “If we become accustomed to seeing armed uniformed service personnel in our cities, we risk not objecting to it, and when we stop objecting to it, it becomes a norm.”

The joint address to military leaders in Virginia on Tuesday further stoked those fears.

“We’re under invasion from within,” the president admonished generals and admirals gathered in the auditorium. “No different from a foreign enemy, but more difficult in many ways because they don’t wear uniforms.”

He touted the move in August to create a “quick reaction force” to “quell civil disturbances” — a decree folded into his executive order expanding the D.C. troop deployment.

“George Washington, Abraham Lincoln, Grover Cleveland, George Bush and others all used the armed forces to keep domestic order and peace,” Trump said. “Now they like to say, oh, you’re not allowed to use the military.”

Those historic cases have some important differences with 2025, experts say.

When President Cleveland sent troops to break up a railroad strike and tamp down mob violence against Chinese immigrants, he invoked the Insurrection Act. So did 15 other presidents, including Lincoln, Franklin D. Roosevelt, Dwight D. Eisenhower, John F. Kennedy and George H.W. Bush.

Experts stress that Trump has pointedly not used the act, despite name-checking it often in his first term.

Defense Secretary Pete Hegseth on Tuesday largely avoided the theme of “enemies within,” instead extolling the “warrior ethos” at the heart of his military reform project. He railed against what he saw as the corrupted culture of the modern military — as well as its aesthetic shortcomings.

“It’s tiring to look out at combat formations and see fat troops,” Hegseth said. “It’s completely unacceptable to see fat generals and admirals in the halls of the Pentagon. It’s a bad look.”

As deployments multiply across the country, experts said they were watching what the appellate division and ultimately the Supreme Court will decide.

“It will be a test for the Supreme Court,” Schwartz said. “Whether they are willing to continue to allow this president to do whatever he wants to do in clear violation of constitutional principles, or whether they will restrain him.”

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Legal experts say Trump’s indictment of Comey is a test of justice

On a Phoenix tarmac in 2016, former President Clinton and U.S. Atty. Gen. Loretta Lynch had a serendipitous meeting on a private jet. The exchange caused a political firestorm. At a time when the Justice Department was investigating Hillary Clinton, the Democratic nominee for president, the appearance of impropriety prompted a national scandal.

“Lynch made law enforcement decisions for political purposes,” Donald Trump, her Republican rival that year, would later write of the meeting on Twitter. “Totally illegal!”

It was the beginning of a pattern from Trump claiming political interference by Democrats and career public servants in Justice Department matters, regardless of the evidence.

Now, Trump’s years-long claim that it was his opponents who politicized the justice system has become the basis for the most aggressive spree of political prosecutions in modern American history.

“What Trump is doing now with the U.S. attorneys is really in complete opposition to how the people who created those offices imagined what those officials would do — the Founders simply did not envision the office in this way,” said Peter Kastor, chair of the history department at Washington University in St. Louis.

“From the inception of the Justice Department,” he added, “one of the most remarkable things is how it was never used in this way.”

On Thursday, at Trump’s express direction, federal charges were filed against James Comey, the former FBI director, alleging he gave false testimony before Congress and attempted to obstruct a congressional proceeding five years ago.

The indictment was secured from a federal grand jury after Trump fired a U.S. attorney with doubts about the strength of the case — replacing him with a loyalist, and telling Atty. Gen. Pam Bondi openly on social media to pursue charges against him and others.

“JAMES COMEY IS A DIRTY COP,” Trump wrote on social media after the charges were filed. “MAKE AMERICA GREAT AGAIN!”

Comey, who was fired by Trump in 2017, denies the charges.

“My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way,” Comey said in a statement posted online. “We will not live on our knees, and you shouldn’t either.

“My heart is broken for the Department of Justice. But I have great confidence in the federal judicial system,” Comey continued. “And I’m innocent. So let’s have a trial and keep the faith.”

Behind the charges against Comey, legal experts see a weak case wielded as a cudgel in a political persecution of Trump’s perceived enemy. Comey is accused of lying about authorizing a leak to the media about an FBI investigation through an anonymous source.

It is only the latest example. Over the summer, Trump’s director of the Federal Housing Finance Agency, Bill Pulte, used his position to accuse three of the president’s political foes of mortgage fraud, referring the cases to the Justice Department for potential charges — actions actively encouraged by Trump online.

“It’s not a list,” Trump said Thursday, asked whether more prosecutions are coming. “I think there will be others. They’re corrupt. These were corrupt radical left Democrats. Comey essentially was Dem — he’s worse than a Democrat.”

The president’s overt use of the Justice Department as a partisan tool threatens a new era of political persecutions that could well backfire on his own allies. The Supreme Court has made clear that presidents enjoy broad immunity for their actions while in office. But their aides do not. Bondi, Pulte and others, just like Comey, are obligated to provide occasional testimony to House and Senate committees under oath.

“The Comey indictment is notable for its personalized politicization being so open,” said Andrew Rudalevige, a professor of government at Bowdoin College. “The same actions carried out clandestinely would seem scandalous, because they are — and the fact they were so blatantly advertised does not make them less corrupt.”

But the Comey case can also be seen as a test of the viability of a prosecution based purely on politics. Already, lawyers for Trump’s other legal targets have said they plan on using his overt threats against them to get cases against their clients thrown out in court.

This week, Karoline Leavitt, the White House press secretary, defended Trump’s vocal advocacy for criminal charges against political foes as a matter of “accountability.”

“We are not going to tolerate gaslighting from anyone in the media, from anyone on the other side who is trying to say that it’s the president who is weaponizing the DOJ,” Leavitt said.

“You look at people like [California Sen.] Adam Schiff, and like James Comey, and like [New York Atty. Gen.] Letitia James, who the president is rightfully frustrated with,” she continued. “He wants accountability for these corrupt fraudsters who abused their power, who abused their oath of office to target the former president.”

But Trump’s accusations against Democrats have routinely failed the tests of inspectors general, journalistic inquiry and public scrutiny.

When Trump was investigated over potential coordination between his campaign and the Russian government in the 2016 race, he claimed a liberal, “deep state” cabal was behind an inquiry based on, as the special prosecutor’s report concluded, “numerous links between the Russian government and the Trump campaign.”

And when charged with federal crimes over his handling of highly classified material, and his effort to overturn the results of the 2020 presidential election, he dismissed the charges as a witch hunt choreographed by President Biden and his attorney general, a claim that had no basis in fact.

The special counsel investigations against Trump, Kastor said, were “prosecutions, not persecutions.”

“His claims that the investigations surrounding him are specious — the investigations were appropriate,” Kastor added. “These investigations are not.”

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N.Y. judge orders Rudy Giuliani to pay $1.36M in back legal fees

Sept. 17 (UPI) — A New York judge on Wednesday ordered former New York City Mayor Rudy Giuliani to pay $1.36 million in legal fees to the law firm that represented him in several cases involving his dealings with President Donald Trump.

In addition to the unpaid legal fees, New York County Supreme Court Judge Arthur Engoron ordered Giuliani to pay interest to the law firm Davidoff Hutcher & Citron starting from October 2023.

The unpaid fees are for work the former partner Robert Costello did for Giuliani between November 2019 and July 2023 on 10 lawsuits filed against him in state and federal courts as well as disciplinary proceedings involving his law license. The cases included the Jan. 6 committee investigation and the Fulton County, Ga., presidential election case.

The law firm, which filed its lawsuit against Giuliani in September 2023, said Giuliani paid $214,000 of nearly $1.6 million in legal fees. Giuliani said he never agreed to pay the firm for its work and that he never received any invoices.

Engoron ruled against Giuliani, saying the former mayor referenced an invoice number in one of the checks he did pay to the firm.

Ted Goodman, a representative for Giuliani, took issue with Engoron proceeding over the case. In 2024, the judge issued a $454 million civil fraud judgment against Trump after finding the president lied about his wealth and value of other assets to obtain better financial conditions.

“The idea that Judge Arthur Engoron is permitted to sit on a case involving President Donald Trump’s good friend and former personal lawyer, Mayor Rudy Giuliani, flies in the face of justice and demonstrates the partisan political nature of this decision,” Goodman said in a statement to The Hill.

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Pensioner forced to sell her home to cover £113,000 legal bill after losing a five-year dispute over 1ft of land

A PENSIONER is having to sell her home to cover a £113,000 legal bill after losing a five-year dispute over a 1ft strip of land.

Jenny Field, 76, was told to pay £14,000 after her initial court defeat to Pauline Clark, 64, but her repeated challenges saw the total rocket.

A judge has now told her she must pay the resultant £113,126 in three months or flog her £600,000 bungalow in Hamworthy, Dorset, so the cash can be recouped.

The divorcee told a court: “I am selling it because I have to and I’m fed up with living here but I will offer to pay her £1 per week.”

Their feud began in 2020 after Mrs Clark replaced a fence between the properties.

Ms Field claimed it had encroached on her garden and had it demolished, but Mrs Clark sued for damages and won the first case in 2022.

Several appeals followed and Ms Field was accused of wasting time by bombarding the court with papers.

A bid by her to sue for £500,000 in damages was also dismissed as “totally without merit”.

District Judge Ross Fentem said Mrs Clark had been kept from money owed to her for a long time and told Bournemouth county court the order for sale was “a last resort and draconian remedy”.

A pensioner stands in her garden.

1

Jenny Field is having to sell her home to cover a £113,000 legal bill after losing a five-year dispute over a 1ft strip of landCredit: BNPS

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A military approach to drug busts upends U.S. efforts and raises legal questions

The U.S. Coast Guard detects and detains scores of drug-running vessels in the Caribbean every year in its role as the world’s drug police on the high seas.

Now, that anti-narcotics mission may look vastly different after a U.S. military strike on a vessel off Venezuela. Trump administration officials asserted last week that gang members were smuggling drugs bound for America.

The Trump administration has indicated more military strikes on drug targets could be coming, saying it is seeking to “wage war” on Latin American cartels it accuses of flooding the U.S. with cocaine, fentanyl and other drugs. It is facing mounting questions, however, about the legality of the strike and any such escalation, which upends decades of procedures for interdicting suspected drug vessels.

“This really throws a wrench in the huge investment the U.S. has been making for decades building up a robust legal infrastructure to arrest and prosecute suspected drug smugglers,” said Kendra McSweeney, an Ohio State University geographer who has spent years investigating the legal infrastructure of U.S. drug interdictions at sea.

Secretary of State Marco Rubio asserted while visiting Latin America last week that drug cartels “pose an immediate threat to the United States” and that President Trump “has a right, under exigent circumstances, to eliminate imminent threats to the United States.”

A U.S. official familiar with the reasoning also cited self-defense as legal justification for the strike that the administration says killed 11 members of Venezuela’s Tren de Aragua gang, which has been dubbed a foreign terrorist organization. The official spoke on condition of anonymity to avoid retaliation.

The administration used a similar argument months prior to justify an intense bombing camping against Houthi rebels in Yemen. However, behind the scenes, the justification for strikes against the cartels appears to be far more complex.

The New York Times reported last month that Trump signed a directive to the Pentagon to start using military force against certain Latin American drug cartels. That reporting was related to the Venezuela strike, according to a U.S. official, who spoke on condition of anonymity to discuss operational details.

Touting the strike, but no details on how it happened

Vice President JD Vance celebrated the strike over the weekend, suggesting that the use of force is necessary to protect American families from deadly drugs.

“Killing cartel members who poison our fellow citizens is the highest and best use of our military,” Vance said on X.

Several Democrats and even some fellow Republicans criticized Vance’s comments. Congressional leaders also have pressed for more information on why the administration took the military action.

The Pentagon has been silent about any details on the strike. Military officials have not divulged what service carried it out, what weapons were used or how it was determined that the vessel was operated by Tren de Aragua or carrying drugs.

Defense Secretary Pete Hegseth said last week that “foreign terrorist organizations have been designated, we have those authorities, and it’s about keeping the American people safe. There’s no reason for me to give the public or adversaries any more information than that.”

Pentagon officials did not respond to direct questions about the legal justification for the strike and whether the military considered itself at war with Venezuelan President Nicolás Maduro’s government.

Hegseth traveled Monday to Puerto Rico, where troops deployed for a training exercise and where the U.S. is sending 10 F-35 fighter jets for operations against drug cartels.

‘There’s no authority for this whatsoever’

Claire Finkelstein, a professor of national security law at the University of Pennsylvania, said “extrajudicial killing” would be a better term to describe the strike. She sees it as an outgrowth of the two-decade blurring of the lines between law enforcement and armed conflict.

Following the Sept. 11, 2001, attacks, the U.S. started designating members of foreign terrorist organizations, such as al-Qaida and the Taliban, as unlawful combatants, making them vulnerable to U.S. attacks even when not directly engaged in warfare.

Trump has designated several Latin American cartels, including Venezuela’s Tren de Aragua, as foreign terrorist organizations. But that in itself does not make a U.S. strike against suspected members of the group legal, Finkelstein said. Congress has not authorized the use of force against Venezuela nor are there any U.N. resolutions that would justify the U.S. actions.

“There’s no authority for this whatsoever under international law,” she said. “It was not an act of self-defense. It was not in the middle of a war. There was no imminent threat to the United States.”

A pair of armed Venezuelan planes flew by a U.S. warship in the Caribbean days after the strike, and Trump warned Friday that any future flights would be met with gunfire.

The strike “quite arguably is an act of war against Venezuela and they would potentially be justified in responding with the use of force,” Finkelstein said. “Could you imagine what would happen if their navy was 12 miles off the coast of the U.S.?“

Turning to the seas during the drug war

The search and seizures by sea are a routine feature of America’s first “forever war” — the drug war, which President Richard Nixon declared in 1971.

In 1986, at the height of Pablo Escobar’s Medellin drug cartel, Congress passed the Maritime Drug Law Enforcement Act, which defines drug smuggling in international waters as a crime against the United States and gives the U.S. unique arrest powers.

Usually, authorities stop and board boats, arrest the crew and seize any contraband. The efforts are led by the U.S. Coast Guard with support from the Pentagon, State Department, Drug Enforcement Administration and FBI as well as allies from the U.K., France, Netherlands and across Latin America.

Now, warning operations like the strike “will happen again,” Rubio said Trump “wants to wage war on these groups because they’ve been waging war on us for 30 years and no one has responded.”

Under the maritime drug enforcement law, 127 new prosecutions were brought in the first nine months of the current fiscal year, according to Syracuse University’s Transactional Records Access Clearinghouse, which collects Justice Department data. That compares to 131 for all of 2024.

Since each case involves multiple defendants, the actual number of foreigners detained at sea is likely much higher.

The Coast Guard announced last month what it called its largest drug haul on record from multiple interdictions over two months. Some of those seizures were carried out by a Coast Guard law enforcement detachment aboard a Dutch naval vessel in the Caribbean.

“While no one is sympathetic to the plight of drug dealers, the reason we do this through a judicial process, in partnership with other nations, is so we can collect evidence that allows us to build bigger cases and go after the cartel bosses,” said James Story, who served as ambassador to Venezuela during the first Trump administration.

Story, who ran the State Department’s anti-narcotics bureau in Colombia and Latin America earlier in his career, said 20 nations have liaisons at a multiagency task force based in the Naval Air Station in Key West, Florida, where high seas boardings are coordinated.

“Anything that could potentially jeopardize those relationships would make us less effective in the long run,” he said.

Toropin and Goodman write for the Associated Press. Goodman reported from Miami.

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Legal aid group sues to preemptively block U.S. from deporting a dozen Honduran children

A legal aid group has sued to preemptively block any efforts by the U.S. government to deport a dozen Honduran children, saying it had “credible” information that such plans were quietly in the works.

The Arizona-based Florence Immigrant & Refugee Rights Project, known as FIRRP, on Friday added Honduran children to a lawsuit filed last weekend that resulted in a judge temporarily blocking the deportation of dozens of migrant children to their native Guatemala.

In a statement, the organization said it had received reports that the U.S. government will “imminently move forward with a plan to illegally remove Honduran children in government custody as soon as this weekend, in direct violation of their right to seek protection in the United States and despite ongoing litigation that blocked similar attempted extra-legal removals for children from Guatemala.”

FIRRP did not immediately provide the Associated Press with details about what information it had received about the possible deportation of Honduran children. The amendment to the organization’s lawsuit is sealed in federal court. The Homeland Security Department did not immediately respond to email requests for comment Friday and Saturday.

Over Labor Day weekend, the Trump administration attempted to remove Guatemalan children who had come to the U.S. alone and were living in shelters or with foster care families in the U.S.

Advocates who represent migrant children in court filed lawsuits across the country seeking to stop the government from removing the children, and on Sunday a federal judge stepped in to order that the kids stay in the U.S. for at least two weeks.

Children began crossing the border alone in large numbers in 2014, peaking at 152,060 in the 2022 fiscal year. July’s arrest tally translates to an annual clip of 5,712 arrests, reflecting how illegal crossings have dropped to their lowest levels in six decades.

Guatemalans accounted for 32% of residents at government-run holding facilities last year, followed by Hondurans, Mexicans and Salvadorans. A 2008 law requires children to appear before an immigration judge with an opportunity to pursue asylum, unless they are from Canada and Mexico. The vast majority are released from shelters to parents, legal guardians or immediate family while their cases wind through court.

The lawsuit was amended to include 12 children from Honduras who have expressed to the Florence Project that they do not want to return to Honduras, as well as four additional children from Guatemala who have come into government custody in Arizona since the suit was initially filed last week.

Some children have parents who are already in the United States.

The lawsuit demands that the government allow the children their legal right to present their cases to an immigration judge, have access to legal counsel and be placed in the least restrictive setting that is in the best interest of the child.

Willingham writes for the Associated Press.

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Judge blocks Trump administration’s ending of legal protections for 1.1M Venezuelans and Haitians

A federal judge on Friday blocked the Trump administration from ending temporary legal protections that have granted more than 1 million people from Haiti and Venezuela the right to live and work in the United States.

The ruling by U.S. District Judge Edward Chen of San Francisco for the plaintiffs means 600,000 Venezuelans whose temporary protections expired in April or whose protections were about to expire Sept. 10 have status to stay and work in the United States. It also keeps protections for about 500,000 Haitians.

Chen scolded Homeland Security Secretary Kristi Noem for revoking protections for Venezuelans and Haitians that the judge said would send them “back to conditions that are so dangerous that even the State Department advises against travel to their home countries.”

He said Noem’s actions were arbitrary and capricious, and she exceeded her authority in ending protections that were extended three times by the Biden administration.

Presidential administrations have executed the law for 35 years based on the best available information and in consultation with other agencies, “a process that involves careful study and analysis. Until now,” Chen wrote.

The Department of Homeland Security did not immediately respond to an email seeking comment.

Temporary Protected Status is a designation that can be granted by the Homeland Security secretary to people in the United States, if conditions in their homelands are deemed unsafe for return due to a natural disaster, political instability or other dangerous conditions.

Millions of Venezuelans have fled political unrest, mass unemployment and hunger. The country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.

Haiti was first designated for TPS in 2010 after a catastrophic magnitude 7.0 earthquake killed and wounded hundreds of thousands of people, and left more than 1 million homeless. Haitians face widespread hunger and gang violence.

Their designations were to expire in September but later extended until February, due to a separate court order out of New York.

Noem said that conditions in both Haiti and Venezuela had improved and that it was not in the national interest to allow migrants from the countries to stay on for what is a temporary program. Attorneys for the government have said the secretary’s clear and broad authority to make determinations related to the TPS program are not subject to judicial review.

Designations are granted for terms of six, twelve or 18 months, and extensions can be granted so long as conditions remain dire. The status prevents holders from being deported and allows them to work.

The secretary’s action in revoking TPS was not only unprecedented in the manner and speed in which it was taken but also violated the law, Chen wrote.

The case has had numerous legal twists, including an appeal to the U.S. Supreme Court. In March, Chen temporarily paused the administration’s plans to end TPS for people from Venezuela. An estimated 350,000 Venezuelans were set to lose protections the following month.

The U.S. Supreme Court in May reversed his order while the lawsuit played out. The justices provided no rationale, which is common in emergency appeals, and did not rule on the merits of the case.

Venezuelans with expired protections were fired from jobs, separated from children, detained by officers and even deported, lawyers for TPS holders said.

The Supreme Court’s reversal does not apply to Friday’s ruling. The government is expected to seek a stay of Chen’s order as it appeals.

Last week, a three-judge appeals panel also sided with plaintiffs, saying the Republican administration did not have the authority to vacate protection extensions granted by the previous administration.

Har writes for the Associated Press.

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What to know about Abrego Garcia’s asylum claim. Experts say it’s a smart but risky legal move

Kilmar Abrego Garcia ’s request for asylum in the United States is a prudent legal strategy, experts say, because it gives his lawyers better options for fighting the Trump administration’s efforts to deport him.

But it’s also a gamble. Depending on how the courts rule, Abrego Garcia could end up back inside the notorious El Salvador prison where he says he was beaten and psychologically tortured.

“It’s a strategic move,” Memphis-based immigration attorney Andrew Rankin said of the asylum request. “And it can certainly backfire. But it’s something I would do as well if I were representing him.”

Abrego Garcia, 30, became a focus of President Trump’s immigration crackdown when he was wrongfully deported to his native country in March. The administration is trying to deport him again.

Here are some things to know about his case:

‘You can’t win every case’

The administration deported Abrego Garcia to El Salvador because U.S. officials said he was an MS-13 gang member. It’s an allegation that Abrego Garcia denies and for which he wasn’t charged.

His removal to El Salvador violated a U.S. immigration judge’s ruling from 2019 that barred his deportation there. The judge found that Abrego Garcia faced credible threats from a local gang that had extorted from and terrorized his family.

Following a U.S. Supreme Court order, the administration returned him to the United States in June. But it was only to face human smuggling charges, which his lawyers have called preposterous and vindictive.

The administration has said it now intends to deport Abrego Garcia to Uganda. Stephen Miller, White House deputy chief of staff and the main architect of Trump’s immigration policies, told reporters Friday that Garcia has “said he doesn’t want to go back to El Salvador.”

Miller said the administration is “honoring that request by providing him with an alternate place to live.”

In an effort to fight back, Abrego Garcia has notified the U.S. government that he fears being sent to Uganda, which has documented human rights abuses. He said he believes he could be persecuted, tortured or sent from there to El Salvador.

But even if he thwarts deportation to Uganda in immigration court, he probably will face attempts to remove him to another country and then another until the administration succeeds, Rankin said.

“By the law of averages, you can’t win every case,” the lawyer said. “The government has sunk its teeth far into what they’re doing with Kilmar and immigration in general, that it wouldn’t make any sense for them to just give up the fight.”

Taking a risk

Asylum, however, could end the fight.

The request would place the focus solely back on his native El Salvador, where Abrego Garcia has previously shown that he has a credible fear of gang persecution.

But he’s taking a risk by reopening his 2019 immigration case, Rankin said. If he loses the bid for asylum, an immigration judge could remove his protection from being returned to his native country.

That could place him back in the infamous Terrorism Confinement Center, or CECO, in El Salvador. It’s where, Abrego Garcia alleges in a lawsuit, he suffered severe beatings, severe sleep deprivation and psychological torture. Salvadoran President Nayib Bukele has denied those allegations.

Abrego Garcia had applied for asylum in 2019. The immigration judge denied his request because it came more than a year after Abrego Garcia had arrived in the U.S. He had fled to Maryland without documentation around 2011.

Abrego Garcia’s lawyers will probably argue that he has the right to request asylum now because he has been in the U.S. for less than a year after being wrongfully deported to El Salvador, Rankin said.

If approved, asylum could provide him with a green card and a path to citizenship.

‘Not going to let this go’

Abrego Garcia’s asylum petition would go through the U.S. immigration court system, which is not part of the judiciary but an arm of the Department of Justice and under the Trump administration’s authority.

That’s where the risk comes in.

Abrego Garcia has a team of lawyers fighting for him, unlike many people who are facing deportation. And a federal judge is monitoring his immigration case.

Abrego Garcia’s attorneys filed a federal lawsuit in Maryland to ensure he can exercise his constitutional rights to fight against deportation in immigration court.

U.S. District Judge Paula Xinis cannot rule on whether he gets asylum or is deported, but she said she will ensure his right to due process. His team says he is entitled to immigration court proceedings and appeals, including to the U.S. Court of Appeals.

“Even if he does manage to win asylum, the government is going to appeal,” Rankin said. “They’re not going to let this go. Why would they after they’ve invested months and months into this one guy?”

Rankin noted that if Abrego Garcia remains within the jurisdiction of the 4th U.S. Circuit Court of Appeals, that court’s laws would govern his asylum claim. He said that court has been generally positive toward asylum claims and likely would give Abrego Garcia a “fair shake.”

Finley writes for the Associated Press. AP writer Luena Rodriguez-Feo Vileira in Washington contributed to this report.

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Councils still planning asylum hotel legal action despite Epping ruling

Some councils say they are still pursuing legal action to stop asylum seekers from being housed in hotels in their areas, despite a Court of Appeal ruling.

The court on Friday overturned a temporary injunction which would have prevented asylum seekers from being housed at The Bell Hotel in Epping, which was seen as a possible precedent for legal challenges elsewhere.

Two councils told the BBC they will keep pursuing legal action. Epping Forest District Council, which had obtained the injunction, said it is looking at options, including appealing to the Supreme Court.

Reform UK said all 12 councils it controls should be exploring legal options to stop asylum seekers being housed in local hotels.

Kemi Badenoch urged Conservative-run councils pursuing legal action to “keep going,” and said advice would be issued to all Conservative councillors following the ruling.

The party leader said in a statement on Friday: “Every case has different circumstances, and I know good Conservative councils will keep fighting for residents, so we will keep working with them every step of the way.”

The government has committed to end the use of hotels to hold asylum seekers by 2029.

The leader of Reform-controlled West Northamptonshire Council said Friday’s ruling did not change its plans to take legal action regarding hotels in the area, which he said were “already under way”.

Cllr Mark Arnull said: “It also doesn’t change our view that the use and locations of the three hotels have never been suitable for asylum accommodation and place unreasonable and unsustainable strain on local services.”

He added: “We will continue to do everything we can within our powers to address our residents’ concerns over these hotels and keep them safe.”

Hertfordshire’s Conservative-run Broxbourne Council also said it would press on with pursuing legal action.

Cllr Jim Clune told BBC Radio 4’s Today programme: “We have grave concerns that from a planning perspective, the hotel or the premises is not being used as set out when planning permission was given.”

In its original case, Epping Forest had argued that The Bell Hotel had become a public safety risk as well as an alleged planning law breach, arguing it had stopped functioning as a true hotel.

The leader of Epping Forest District Council told the BBC on Saturday it was “looking at all options, including appealing to the Supreme Court”.

A full High Court hearing to decide on a permanent injunction for The Bell Hotel is expected in mid-October, but Cllr Chris Whitbread said the Conservative-run council would meet on Monday to plan its next steps.

Barrister Chris Daw KC told BBC 5 Live Breakfast that Epping Forest was “not going to succeed in the Supreme Court,” should it take its case there.

Responding, Cllr Whitbread said he took his remarks “on board”.

He later told BBC Breakfast that “people are very disappointed” by the judgement and that he expected protests near the hotel to continue.

“I don’t think it will change, people want that hotel closed” he said, urging people to demonstrate peacefully.

Three arrests were made at a protest outside the hotel on Friday after the Court of Appeal ruling. Thousands had attended protests against the hotel and counter-demonstrations there over the summer.

Meanwhile, the Times reported that it understood at least 13 councils planned on pressing ahead with legal action.

In his ruling on Friday, Lord Justice Bean said the High Court’s decision to award the injunction was “seriously flawed in principle” and had failed to consider the consequence of relocating 138 asylum seekers who would have been forced to leave The Bell Hotel by 12 September.

He also said it was “worrying” that the council’s legal team cited protests outside the hotel as a reason it was seeking the original injunction.

Lord Justice Bean said in his ruling: “If an outbreak of protest enhances a case, this runs the risk of acting as an impetus for further protests – some of which may be disorderly – around asylum accommodation.”

“There is a risk of encouraging further lawlessness.”

The protests began after an asylum seeker housed at the hotel was arrested and subsequently charged with several offences, including the sexual assault of a 14-year-old girl. Hadush Kebatu denies the offences and has been on trial.

Border Security and Asylum Minister Dame Angela Eagle said after the ruling that the government would “stop using hotels, which aren’t a sustainable solution, by the end of this Parliament”.

“This judgement assists us by allowing us to do that in a planned and orderly fashion”.

The chief executive of the Refugee Council said the Court of Appeal’s ruling did not “solve the problems we’re facing”.

Enver Solomon told BBC Breakfast on Saturday: “It doesn’t address the fact that the taxpayer is having to pay millions of pounds a day for hotels, and those that are in the hotels feel they’ve got a target on their back.”

He said the government had to “move much faster” to end the use of hotels to house asylum seekers and suggested it put a plan in place “to close hotels in the coming months”.

He added: “Our view is that we shouldn’t be using hotels. They have become a flashpoint for community concern, but also for far-right targeting as well.”

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Appeals court blocks Trump administration from ending legal protections for 600,000 Venezuelans

A federal appeals court on Friday blocked President Trump’s plans to end protections for 600,000 people from Venezuela who have had permission to live and work in the United States, saying that plaintiffs are likely to win their claim that the Republican administration’s actions were unlawful.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously upheld a lower court ruling that maintained temporary protected status designations for Venezuelans while they challenge actions by the Trump administration in court.

The 9th Circuit judges found that plaintiffs were likely to succeed on their claim that Homeland Security Secretary Kristi Noem had no authority to vacate or set aside a prior extension of temporary protected status because the governing statute written by Congress does not permit it.

Then-President Biden’s Democratic administration had extended temporary protected status, commonly known as TPS, for people from Venezuela.

“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics,” Judge Kim Wardlaw, who was nominated by President Clinton, a Democrat, wrote for the panel. The other two judges on the panel were also nominated by Democratic presidents.

In an email, a spokesperson for the Department of Homeland Security blasted the decision as more obstruction from “unelected activist” judges.

“For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program,” the email read. “While this injunction delays justice and undermines the integrity of our immigration system, Secretary Noem will use every legal option at the Department’s disposal to end this chaos and prioritize the safety of Americans.”

Congress authorized temporary protected status, or TPS, as part of the Immigration Act of 1990. It allows the secretary of DHS to grant legal immigration status to people fleeing countries experiencing civil strife, environmental disaster or other “extraordinary and temporary conditions” that prevent a safe return to that home country. The terms are for six, 12 and 18 months.

The appellate judges said the guaranteed time limitations were critical so people could gain employment, find long-term housing and build stability without fear of shifting political winds.

But in ending the protections soon after Trump took office, Noem said conditions in Venezuela had improved and it was not in the U.S. national interest to allow migrants from there to stay on for what is a temporary program. It’s part of a broader move by Trump’s administration to reduce the number of immigrants who are in the country either without legal documentation or through legal temporary programs.

U.S. District Judge Edward Chen of San Francisco found in March that plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections. Chen postponed the terminations, but the Supreme Court reversed him without explanation, which is common in emergency appeals.

It is unclear what effect Friday’s ruling will have on the estimated 350,000 Venezuelans in the group of 600,000 whose protections expired in April. Their lawyers say some have already been fired from jobs, detained in immigration jails, separated from their U.S. citizen children and even deported.

Protections for the remaining 250,000 Venezuelans are set to expire Sept. 10.

“What is really significant now is that the second court unanimously recognized that the trial court got it right,” said Emi MacLean, a senior staff attorney with the ACLU Foundation of Northern California representing plaintiffs.

She added that while the decision might not benefit immediately those people who have already lost their status or are about to lose their status, Friday’s ruling “should provide a path for the administration’s illegal actions related to Venezuela and TPS to finally be undone.”

A court declaration provided by plaintiffs showed the turmoil caused by the Trump administration and Supreme Court decision.

A Washington woman who worked in restaurants was deported in June along with her daughters, 10 years and 15 months old, after ICE officers told her to bring her children to an immigration check-in. The father of the baby, who is a U.S. citizen, remains in the U.S. while the woman tries to figure out what to do.

Also in June, a FedEx employee appeared in uniform at his required immigration check-in only to be detained, the court declaration states. He slept for about two weeks on a floor, terrified he would be sent to El Salvador’s notorious CECOT prison. His wife cannot maintain the household on her earnings.

“I am not a criminal,” he said in the declaration, adding that “immigrants like myself come to the United States to work hard and contribute, and instead our families and lives are being torn apart.”

Millions of Venezuelans have fled political unrest, mass unemployment and hunger. Their country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.

Attorneys for the U.S. government argued the Homeland Security secretary’s clear and broad authority to make determinations related to the TPS program were not subject to judicial review. They also denied that Noem’s actions were motivated by racial animus.

But the appellate judges said courts clearly had jurisdiction in cases where the actions were unlawful. They declined to address whether Noem was motivated by racial animus.

Har writes for the Associated Press.

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