Keyword: appeal

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  • Bergdahl lawyers appeal Trump motion to top military court

    03/23/2017 2:16:25 PM PDT · by jazusamo · 17 replies
    The Hill ^ | March 23, 2017 | Rebecca Kheel
    Lawyers for Sgt. Bowe Bergdahl fulfilled a promise Thursday to appeal to the top military court to toss out their client’s case over disparaging comments made by President Trump on the campaign trail. In a 314-page motion filed Thursday with the United States Court of Appeals for the Armed Forces, defense lawyers said the “unprecedented circumstances” of Trump repeatedly calling Bergdahl a traitor who should be executed constitute apparent unlawful command influence (UCI). “To describe President Trump’s comments about Sgt. Bergdahl as merely ‘troubling,’ ‘made without consideration of their possible impact on the trial of the accused,’ ‘disturbing and disappointing,’...
  • (9th Circus) Court Says Californians Need (10 days) to Cool Off After Gun Buy

    02/16/2017 10:39:41 AM PST · by Zakeet · 42 replies
    Bearing Arms ^ | February 14, 2017 | David Lombardo
    The 9th U.S. Circuit Court of Appeals has overturned a lower-court decision that would have struck down a 10-day waiting period for certain firearm purchases. The lower-court decision would have allowed existing gun owners and people with concealed-weapons permits to immediately take possession of a lawfully purchased firearm. [Snip] 9th Circuit Judge Mary Schroeder ... said someone who already owns a hunting rifle may want to buy a larger-capacity weapon that will do more damage when fired into a crowd. "A 10-day cooling-off period would serve to discourage such conduct and would impose no serious burden on the core...
  • Byron York: Justice Department demolishes case against Trump order

    02/05/2017 8:11:52 PM PST · by bobsunshine · 82 replies
    Washington Examiner ^ | February 5, 2017 | Byron York
    James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the...
  • DOJ appealing travel ban ruling

    02/04/2017 5:13:41 PM PST · by ColdOne · 83 replies
    cnn.com ^ | 2/4/17 | Laura Jarrett
    Washington (CNN)The Justice Department on Saturday moved to appeal a decision that temporarily halted enforcement of President Donald Trump's travel ban. The appeal concerns a late Friday decision by a US district court that halted the enforcement of Trump's executive order. Trump's policy banned travel to the US from seven Muslim-majority countries for 90 days, suspended all refugee entry to the US for 120 days and indefinitely suspended entry for Syrian refugees. A notice of appeal was sent Saturday night to the US district court, where Judge James Robart, a George W. Bush appointee, presides in Seattle.
  • Trump's Appeal to African-Americans Is Unlike Any We've Seen from a GOP Nominee

    10/27/2016 5:15:30 PM PDT · by Kaslin · 19 replies
    Rush Limbaugh.com ^ | October 27, 2016 | Rush Limbaugh
    BEGIN TRANSCRIPT RUSH: Michael, Southern Illinois. Great to have you, sir, on the EIB Network. Hello. CALLER: Rush, I'm honored to speak with you. RUSH: Thank you, sir. CALLER: I'm a first-time caller. I'm a registered Democrat, but I am voting for Donald Trump, and I know many more like me. RUSH: Somebody needs to tell the Associated Press about you. CALLER: (laughing) There's lots of them out there. RUSH: They found a Republican voting for Hillary to save the Republican Party. CALLER: Yeah. Well, because of you, sir, I'm gonna reregister next year as a Republican. RUSH: Why are...
  • Marine who was court-martialed after putting up Bible verse at her desk loses 1st Amendment appeal

    08/11/2016 5:50:45 PM PDT · by Libloather · 118 replies
    Daily Mail ^ | 8/11/16 | James Wilkinson
    Marine who was court-martialed after putting up Bible verse at her desk loses First Amendment appeal in 'outrageous' federal court decisionA Marine who was court-martialed after refusing to take biblical verses down from her desk has lost her federal appeal, in a decision her representative called 'outrageous'. Marine Lance Corporal Monifa Sterling lost a 2014 court-martial at her base in Camp Lejeune, North Carolina, based in part on her refusal to remove the verses. She challenged that action but was told Wednesday that she had lost the case after it was ruled that the order was not a 'substantial burden'...
  • An Appeal to Heaven

    07/05/2016 1:48:23 PM PDT · by who knows what evil? · 34 replies
    July 5, 2016 | who knows what evil?
    There is a thread currently running here at Free Republic asking posters to fly the U.S. Flag upside-down as a sign that the Nation is in distress. Disagreement with the proposal abounds, so I have an alternate suggestion: why not fly the 'An Appeal to Heaven' flag from the days of the American Revolution. Flying it would be stepping away from the historical significance of this flag, but I believe the message is appropriate. We need the decent people of this country to make 'An Appeal to Heaven', because that is the ONLY way we put an end to this...
  • 94-year-old Nazi appeals sentence

    06/28/2016 7:19:37 AM PDT · by Eleutheria5 · 63 replies
    Arutz Sheva ^ | 28/6/16 | Nissan Tzur
    Following the sentencing of 94-year-old Reinhold Hanning to 5 years in prison for his part in the murder of 170,000 Jews in the Holocaust, his lawyers have announced that they will appeal the sentence. The prosecution, representing Holocaust victims, will also appeal the leniency of the sentence. Hanning was convicted 10 days ago by a court in Detmold, Germany, for aiding the murder of 170,000 inmates at Aushwitz-Birkenau. The judges in the case found that Hanning worked as a guard in the German extermination camp on Polish soil in the years 1941-1944, while being involved in the deaths of 170,000...
  • Engineering and physics professors weigh in on Brady appeal

    05/24/2016 12:53:03 PM PDT · by detective · 73 replies
    Yahoo News ^ | May 24, 2016
    Nearly two dozen engineering and physics professors weighed in Tuesday with a federal appeals court being asked to review New England Patriots quarterback Tom Brady's four-game suspension for ''Deflategate.'' Papers filed with the 2nd U.S. Circuit Court of Appeals said these experts believe the 2nd Circuit's ruling upholding the suspension lacks any scientific proof and the appeals judges should reconsider an April decision that reinstated Brady's suspension.
  • “Hillary’s look is a practical one”: Can we stop talking about Clinton’s clothes now?

    01/16/2016 2:24:39 AM PST · by Cincinatus' Wife · 86 replies
    Salon ^ | January 15, 2016 | Mary Elizabeth Williams
    In what may go down as the apex of #SlatePitches, on Friday, writer Vanessa Vitiello Urquhart investigated a Democratic presidential contender in a story that declares that "Hillary Clinton Isn't a Lesbian - but She Dresses Like One." You know what, fine, let's take the bait. Because by my calculation we will be having these discussions until at least November. After Vitiello Urquhart establishes that this isn't about sexual identity per se, she commends Clinton by explaining, "If Clinton were a lesbian, I'd be proud to claim her fashion sense. Clinton embodies something many lesbians accomplish effortlessly: She dresses in...
  • Court rejects appeal of former New Orleans Mayor Ray Nagin

    01/07/2016 10:32:44 AM PST · by Olog-hai · 8 replies
    Associated Press ^ | Jan. 7, 2016 12:32 PM EST
    A federal appeals court has rejected an appeal by former New Orleans mayor Ray Nagin, who was convicted in 2014 on corruption charges. The 5th Circuit's U.S. Court of Appeals in a decision filed Thursday upheld Nagin's conviction Nagin, a Democrat who served from 2002 to 2010, was convicted on charges of wire fraud, bribery, money laundering and filing false tax returns. ...
  • John Doe target: ‘Where and when does this abuse end?’ (WI)

    12/21/2015 11:42:57 AM PST · by afraidfortherepublic · 9 replies
    Wisconsin Watchdog ^ | 12-21-15 | M. D. Kittle
    MADISON, Wis. - The conservative targets of a politically driven John Doe investigation say they have learned to never underestimate the vindictiveness of the people who have spent years intimidating them. Despite little chance of success, the Democrat district attorneys who signed off on the unconstitutional probe filed a motion Friday to intervene in the legally dead Doe in hopes of taking their case to the U.S. Supreme Court. Milwaukee County District Attorney John Chisholm, the Democrat who launched the secret procedure in August 2012, filed the motion under seal in the Wisconsin Supreme Court. Dane County District Attorney Ismael...
  • Conway weighs in as Kentucky clerk appeals jailing over gay marriage

    09/07/2015 7:26:19 PM PDT · by Republican Wildcat · 68 replies
    WAVE 3 News ^ | 9/7/2015 | Maira Ansari
    LOUISVILLE, KY (WAVE) - A defiant county clerk in Kentucky is willing to stay in jail for her beliefs, but she would prefer to be a free woman. Attorneys for Rowan County Clerk Kim Davis have officially appealed a judge's decision to put her in jail for refusing to issue marriage licenses to same-sex couples. The three-page motion doesn't include arguments as to why Davis should be released but amends Davis' earlier appeal of the judge's order. Davis objects to same-sex marriage for religious reasons. U.S. District Judge David Bunning ordered her to issue the licenses and the U.S. Supreme...
  • Rowan clerk's latest filing seeks exemption from Beshear 'mandate' (Kim Davis)

    09/07/2015 8:03:29 PM PDT · by Whenifhow · 81 replies
    .kentucky.com ^ | Sept 7 2015 | ADAM BEAM
    Attorneys for the Kentucky clerk who was jailed last week because of her refusal to issue marriage licenses to gay couples said Monday they have filed an emergency motion with a federal court that they hope will result in Kim Davis' freedom. The filing seeks to have Kentucky Gov. Steve Beshear accommodate Davis' "religious conviction," and not compel her to grant licenses to gay couples, Liberty Counsel said in a statement. "The motion requests an injunction pending appeal for an exemption from the Governor's mandate that all county clerks issue marriage licenses," said the statement by Liberty Counsel, which is...
  • "Appeal to Heaven" Flag

    07/29/2015 8:27:39 PM PDT · by kvanbrunt2 · 19 replies
    vanity | me
    Does anyone know where i can buy a correct "Appeal to Heaven" Flag? not one with "an Appeal to Heaven" Flag. but the original without the an.
  • Appeals court reinstates Milwaukee residency requirement

    07/21/2015 10:53:44 AM PDT · by afraidfortherepublic · 5 replies
    Milwaukee Journal Sentinel ^ | 7-21-15 | Crocker Stephenson
    The state Court of Appeals has reinstated Milwaukee's 75-year-old residency rule, which requires city employees to live within city limits. The District 1 Court of Appeals overturned a ruling by Milwaukee County Circuit Judge Paul Van Grunsven, who in January 2014 ruled that a measure signed into law by Gov. Scott Walker applied uniformly to all local governments in the state. The state law, Van Grunsven said, removed the issue of residency from the scope of home rule authority. The city has for decades required that its employees to live within Milwaukee limits. But the law signed by Walker in...
  • Obama lawyers press appeals court to lift order on immigration actions

    07/10/2015 4:49:42 PM PDT · by jazusamo · 14 replies
    The Hill ^ | July 10, 2015 | Jordan Fabian
    The Obama administration on Friday asked a federal appeals court to lift an order blocking the president’s executive actions on immigration. A three-judge panel from the 5th Circuit U.S. Court of Appeals heard arguments from lawyers representing the Justice Department and Texas in a case challenging Obama’s programs, which could shield millions of immigrants from deportation. The judges did not rule immediately on the administration’s request. With just 18 months left in Obama’s presidency, the court battle has put his programs in peril. No matter how the court rules, the legal battle could stretch into next year. Whichever side loses...
  • Justice Gableman: Warrants in Rindfleisch case amount to ‘fishing expedition’ (WI Supreme court)

    06/29/2015 7:53:50 AM PDT · by afraidfortherepublic · 4 replies
    Watchdog.org ^ | 6-29-15 | M. D. Kittle
    MADISON, Wis. – State Supreme Court Justice Michael Gableman sees “grave implications for each and every citizen of Wisconsin” if the court does not take up the Fourth Amendment appeal of a former aide to Gov. Scott Walker. According to a memo reviewed by Wisconsin Watchdog, Gableman is urging his fellow justices to reconsider their denial of Kelly Rindfleisch’s petition for review. The justices could vote on Gableman’s request at 11 a.m. Monday, sources tell Wisconsin Watchdog. “The significance of this issue cannot be understated, and has grave implications for each and every citizen of the State of Wisconsin: Can...
  • Court sets July hearing on Obama's immigration actions

    05/28/2015 10:20:41 AM PDT · by jazusamo · 18 replies
    The Hill ^ | May 28, 2015 | Jordan Fabian
    A federal appeals court said Wednesday it has set a date to hear an expedited appeal of a lower court order that put President Obama’s deportation relief programs on hold. The 5th Circuit Court of Appeals will hear oral arguments on July 10 in New Orleans in the Obama administration’s attempt to lift a preliminary injunction from U.S. District Court Judge Andrew Hanen of Texas, which blocked several key executive actions from taking effect. The hearing will present a major test for the administration, which is seeking to end the legal limbo surrounding its immigration programs. A three-judge panel from...
  • Court: Ex-Virginia Gov. McDonnell will be free during appeal

    01/26/2015 11:44:42 AM PST · by csvset · 6 replies
    Wavy TV ^ | 1-26-2015 | AP
    RICHMOND, Va. (AP) — A federal appeals court has approved former Virginia Gov. Bob McDonnell’s request to remain free while he appeals his corruption convictions. The 4th U.S. Circuit Court of Appeals in Richmond said McDonnell’s appeal raises a substantial question of law or fact that could warrant reversal or a new trial. Special coverage: The McDonnel corruption trial The court also ordered that briefs in the case be filed by March 2 and set a May 12 hearing. A jury last year found McDonnell and his wife, Maureen, guilty of taking gifts and loans from a vitamin executive in...